20160622 TZHC Iringa
The court held that the prosecution had established a prima facie case against the accused, as the evidence on record, if believed and uncontradicted, could lead a reasonable tribunal to convict. Therefore, the accused is required to enter a defence.
- Citation
- 20160622 TZHC Iringa
- Parties
- Prosecution: The Republic; Accused: G 2573 PC Pacificus s/o Cleophance Simon
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 June 2016
- Procedural Posture
- Criminal / Ruling on Submission of No Case to Answer After Close of Prosecution's Case
- Outcome
- Submission of no case to answer disallowed; accused required to enter defence.
- Legal Topics
- Murder, Submission of No Case to Answer, Prima Facie Case, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
G 2573 PC Pacificus s/o Cleophance Simon
Accused
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer After Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case requiring the accused to make a defence for the charge of murder
Ratio Decidendi
The court held that the prosecution had established a prima facie case against the accused, as the evidence on record, if believed and uncontradicted, could lead a reasonable tribunal to convict. Therefore, the accused is required to enter a defence.
Court Disposition
Submission of no case to answer disallowed; accused required to enter defence.
Orders
- Defence submission of no case to answer is dismissed.
- Accused to enter defence.
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