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Tanzania decisions
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Court of Appeal allowed a rape conviction appeal after finding the child witnesses’ evidence was taken without a proper voire dire and could not safely support conviction.
The Court of Appeal of Tanzania allowed a rape appeal, finding the child complainant’s evidence was improperly received and could not support the conviction.
Despite procedural errors in receiving the evidence of child witnesses and expunging certain evidence, the remaining oral testimony of other witnesses proved the elements of statutory rape beyond reasonable doubt, and the appellant's defence did not raise reasonable doubt; thus, the conviction and sentence were upheld.
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After exclusion of the victim's evidence for lack of voir dire, the remaining evidence was hearsay and insufficient to prove the offence of rape beyond reasonable doubt; conviction could not be sustained.
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Court of Appeal upheld a rape conviction, holding that the child victim’s unsworn evidence was sufficiently corroborated and that the medical evidence was properly relied on.
The conviction was upheld as the unsworn testimony of the child victim was sufficiently corroborated by sworn evidence of another witness and medical evidence; the omission to conduct a voir dire test was not fatal; the clinical officer was competent; and the sequence of events did not undermine the prosecution's case.
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The conviction was properly based on corroborated evidence, including sworn testimony and medical findings; procedural complaints regarding voir dire and tendering of evidence were without merit; the clinical officer was competent; fanciful possibilities raised by the appellant do not undermine the prosecution's case.
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The High Court allowed a criminal appeal for statutory rape, holding that the prosecution failed to prove the victim’s age, an essential ingredient of the offence.
The Court of Appeal set aside a rape conviction after finding the child witness was not subjected to the required voir dire test.
The High Court quashed a conviction for unnatural offence, finding the prosecution evidence unsatisfactory, including the absence of voir dire and weak medical proof.
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