republic vs halfan hassan bwire and 3 others 2021 tzhcced 6678 14 december 2021

republic vs halfan hassan bwire and 3 others 2021 tzhcced 6678 14 december 2021

The prosecution proved beyond reasonable doubt that the cautioned statement of the 3rd accused was made voluntarily at Central Police Station, Dar es Salaam, and that procedural defects or discrepancies did not prejudice the accused or vitiate the statement's admissibility.

Citation
republic vs halfan hassan bwire and 3 others 2021 tzhcced 6678 14 december 2021
Parties
Prosecution: The Republic; 1st Accused: Halfan Bwire Hassan; 2nd Accused: Adam Hassan Kasekwa @ Adamo; 3rd Accused: Mohamed Abdillahi Ling'wenya; 4th Accused: Freeman Aikael Mbowe
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 December 2021
Procedural Posture
Economic Crime Case / Ruling on Admissibility of Cautioned Statement (trial Within Trial for 3rd Accused)
Outcome
Objections overruled; cautioned statement of 3rd accused admitted as evidence.
Legal Topics
Admissibility of Confession, Voluntariness of Statement, Compliance With Statutory Procedure, Burden of Proof, Police Conduct, Time Limits for Recording Statements
Source Language
English
Criminal Law Evidence Law Procedure Admissibility of Confession Voluntariness of Statement Compliance With Statutory Procedure Burden of Proof Police Conduct +1 more

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Parties

The Republic

Prosecution

Halfan Bwire Hassan

1st Accused

Adam Hassan Kasekwa @ Adamo

2nd Accused

Mohamed Abdillahi Ling'wenya

3rd Accused

Freeman Aikael Mbowe

4th Accused

Procedural Posture

Economic Crime Case / Ruling on Admissibility of Cautioned Statement (trial Within Trial for 3rd Accused)

Legal Issues

  1. 1 Whether the cautioned statement of the 3rd accused was made voluntarily and is admissible in evidence
  2. 2 Whether statutory procedures under the Criminal Procedure Act were complied with in recording the statement
  3. 3 Whether defects in citation of law or procedure vitiate the statement

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the cautioned statement of the 3rd accused was made voluntarily at Central Police Station, Dar es Salaam, and that procedural defects or discrepancies did not prejudice the accused or vitiate the statement's admissibility.

Court Disposition

Objections overruled; cautioned statement of 3rd accused admitted as evidence.

Orders

  • Cautioned statement of Mohamed Abdillahi Ling'wenya (3rd accused) is admitted as evidence.