Criminal Session 7000 of 2024 Ruling MrishaJ

Criminal Session 7000 of 2024 Ruling MrishaJ

The court held that due to the uncertainty as to which cautioned statement was read during committal proceedings, and the discrepancy in the names of the suspect on the documents, it is not safe to conclude that the accused was made aware of the evidence against him as required by section 246(2) of the CPA. Therefore, the document is inadmissible.

Citation
Criminal Session 7000 of 2024 Ruling MrishaJ
Parties
Prosecution: Republic; Accused: Nchambi s/o Ikumbo @ Mbogomaji Sed; Accused: Lushindika s/o India
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Criminal Session Case / Interlocutory Ruling on Admissibility of Evidence
Outcome
Objection upheld; document rejected as exhibit
Legal Topics
Admissibility of Evidence, Cautioned Statements, Committal Proceedings, Procedural Compliance
Source Language
English
Criminal Law Evidence Law Admissibility of Evidence Cautioned Statements Committal Proceedings Procedural Compliance

Case Brief

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Parties

Republic

Prosecution

Nchambi s/o Ikumbo @ Mbogomaji Sed

Accused

Lushindika s/o India

Accused

Procedural Posture

Criminal Session Case / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether the cautioned statement of the second accused is admissible in evidence given alleged procedural defects
  2. 2 Whether failure to read the correct cautioned statement during committal proceedings violates section 246(2) of the CPA

Ratio Decidendi

The court held that due to the uncertainty as to which cautioned statement was read during committal proceedings, and the discrepancy in the names of the suspect on the documents, it is not safe to conclude that the accused was made aware of the evidence against him as required by section 246(2) of the CPA. Therefore, the document is inadmissible.

Court Disposition

Objection upheld; document rejected as exhibit

Orders

  • The cautioned statement of the second accused is rejected and not admitted as evidence