the repuvblic vs happiness do aminiel rashid and two others 2023 tzhc 22694 17 november 2023

the repuvblic vs happiness do aminiel rashid and two others 2023 tzhc 22694 17 november 2023

The prosecution failed to establish a prima facie case due to material contradictions in evidence, lack of corroboration, failure to link the accused to the offence, and absence of key witnesses, making it unsafe to require the accused to enter a defence.

Citation
the repuvblic vs happiness do aminiel rashid and two others 2023 tzhc 22694 17 november 2023
Parties
Prosecution: The Republic; Accused: Happiness d/o Aminiel Rashid; Accused: Peter s/o Ernest Fanuel; Accused: Jane d/o Aminiel Mziray
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 November 2023
Procedural Posture
Criminal Sessions Case / Ruling on No Case to Answer After Prosecution Closes Case
Outcome
Acquittal
Legal Topics
Manslaughter, Prima Facie Case, Burden of Proof, Contradictory Evidence, Acquittal
Source Language
English
Criminal Law Manslaughter Prima Facie Case Burden of Proof Contradictory Evidence Acquittal

Case Brief

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Parties

The Republic

Prosecution

Happiness d/o Aminiel Rashid

Accused

Peter s/o Ernest Fanuel

Accused

Jane d/o Aminiel Mziray

Accused

Procedural Posture

Criminal Sessions Case / Ruling on No Case to Answer After Prosecution Closes Case

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against the accused for manslaughter

Ratio Decidendi

The prosecution failed to establish a prima facie case due to material contradictions in evidence, lack of corroboration, failure to link the accused to the offence, and absence of key witnesses, making it unsafe to require the accused to enter a defence.

Court Disposition

Acquittal

Orders

  • Finding of not guilty recorded for all accused persons under section 293(1) of the Criminal Procedure Act, Cap 20 R.E. 2019.
  • All accused persons acquitted of the charge of manslaughter.