Tanzania Case Law

CRIMINAL APPEAL NO 446 OF 2020 JOSEPHAT MGOMBA ABROSE VS THE REPUBLIC

Court

TANZLII

The conviction was quashed because the child witness's evidence, though properly received under section 127(2) of the Evidence Act, was not tested by cross-examination as required by section 229(3) of the CPA, rendering it unreliable. The remaining evidence was hearsay or insufficient to prove the appellant's guilt beyond reasonable doubt.

Source excerpt

• Grave sexual abuse
• Child witness testimony
• Cross-examination rights
• Standard of proof
• Medical evidence
• Hearsay evidence

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alkard mahai vs republic 2013 tzca 186 29 july 2013

Court

TZCA

Failure to conduct voir dire examination for a child witness vitiates her evidence; with no other sufficient evidence, conviction cannot stand. Summary rejection of appeal was unlawful as evidence raised reasonable doubt.

Source excerpt

• Rape
• Child witness
• Summary rejection of appeal
• Voir dire examination
• Compensation
• Cross-examination rights

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20001026 TZCA Arusha

Court

TZCA

The Court of Appeal upheld the High Court’s use of additional evidence on appeal and dismissed the complaint about lack of cross-examination because no prejudice was shown.

• Appellate procedure
• Additional evidence on appeal
• Natural justice
• Cross-examination rights
• Appellate-procedure
• Additional-evidence

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