Virdish Ruling on objection of tendering the TRA report

Virdish Ruling on objection of tendering the TRA report

The objection is without merit because all procedural requirements under section 249 of the Criminal Procedure Act were complied with; the accused was served with all necessary documents, including the Tanzania Revenue Authority report, and no complaint was raised at any stage prior to tendering. The objection is an afterthought and does not affect admissibility.

Citation
Virdish Ruling on objection of tendering the TRA report
Parties
Prosecution: Republic; Accused: Virdish Protaz @Sivil
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Criminal Sessions Case / Objection During Trial Regarding Admissibility of Documentary Evidence
Outcome
Objection overruled
Legal Topics
Supply of Documents to Accused, Admissibility of Evidence, Committal Proceedings
Source Language
English
Criminal Law Criminal Procedure Supply of Documents to Accused Admissibility of Evidence Committal Proceedings

Case Brief

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Parties

Republic

Prosecution

Virdish Protaz @Sivil

Accused

Procedural Posture

Criminal Sessions Case / Objection During Trial Regarding Admissibility of Documentary Evidence

Legal Issues

  1. 1 Whether failure to supply the accused with a copy of the Tanzania Revenue Authority report contravened section 249 of the Criminal Procedure Act and renders the document inadmissible

Ratio Decidendi

The objection is without merit because all procedural requirements under section 249 of the Criminal Procedure Act were complied with; the accused was served with all necessary documents, including the Tanzania Revenue Authority report, and no complaint was raised at any stage prior to tendering. The objection is an afterthought and does not affect admissibility.

Court Disposition

Objection overruled

Orders

  • The Tanzania Revenue Authority report is admitted as evidence.