the republic vs peter ntingwa peter 2023 tzhc 23278 5 december 2023

the republic vs peter ntingwa peter 2023 tzhc 23278 5 december 2023

The defence cannot effectively cross-examine or demonstrate contradictions without possession of the original previous statement of PW1; therefore, the Republic must supply the original statement to the defence to comply with procedural fairness and the requirements of section 154 of the Evidence Act as interpreted by precedent.

Citation
the republic vs peter ntingwa peter 2023 tzhc 23278 5 december 2023
Parties
Prosecution: The Republic; Accused: Peter Ntingwa Peter
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 December 2023
Procedural Posture
Criminal Sessions Case / Interlocutory Ruling on Defence Application During Cross Examination
Outcome
Application granted
Legal Topics
Cross Examination, Contradiction of Witness Statements, Production of Documents
Source Language
English
Criminal Law Evidence Law Cross Examination Contradiction of Witness Statements Production of Documents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

The Republic

Prosecution

Peter Ntingwa Peter

Accused

Procedural Posture

Criminal Sessions Case / Interlocutory Ruling on Defence Application During Cross Examination

Legal Issues

  1. 1 Whether the defence is entitled to the original hand-written witness statement of PW1 for purposes of cross-examination under section 154 of the Evidence Act

Ratio Decidendi

The defence cannot effectively cross-examine or demonstrate contradictions without possession of the original previous statement of PW1; therefore, the Republic must supply the original statement to the defence to comply with procedural fairness and the requirements of section 154 of the Evidence Act as interpreted by precedent.

Court Disposition

Application granted

Orders

  • The Republic is ordered to supply the original previous statement of PW1 to the defence for purposes of cross-examination.