19930811 TZHC Mwanza

19930811 TZHC Mwanza

The conviction was quashed because there was no admissible evidence establishing that the appellant assisted a person known to be guilty of an offence, nor was there proof that the alleged principal offender had committed an offence.

Citation
19930811 TZHC Mwanza
Parties
Appellant: Francis s/o Chacha; Respondent: The United Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 August 1993
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Accessory After the Fact, Standard of Proof, Admissibility of Evidence
Source Language
English
Criminal Law Accessory After the Fact Standard of Proof Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Francis s/o Chacha

Appellant

The United Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was guilty of being an accessory after the fact under section 387 of the Penal Code
  2. 2 Whether the conviction was supported by admissible evidence

Ratio Decidendi

The conviction was quashed because there was no admissible evidence establishing that the appellant assisted a person known to be guilty of an offence, nor was there proof that the alleged principal offender had committed an offence.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside