Criminal Session Case 21 of 2023 Ruling Mrisha J

Criminal Session Case 21 of 2023 Ruling Mrisha J

The minor defect in the description of the charging provision does not invalidate the cautioned statement since the accused was adequately informed of the nature of the offence, and the procedural requirements of section 53(b) of the Criminal Procedure Act were substantially complied with.

Citation
Criminal Session Case 21 of 2023 Ruling Mrisha J
Parties
Prosecution: Republic; 1st Accused: Juma s/o Luchanganya Mabula @Sendama; 2nd Accused: Emmanuel s/o Makoye
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Criminal / Ruling on Admissibility of Evidence
Outcome
objection overruled
Legal Topics
Admissibility of Cautioned Statement, Procedural Compliance Under Criminal Procedure Act, Interpretation of Statutory Requirements
Source Language
English
Criminal Law Evidence Law Admissibility of Cautioned Statement Procedural Compliance Under Criminal Procedure Act Interpretation of Statutory Requirements

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Parties

Republic

Prosecution

Juma s/o Luchanganya Mabula @Sendama

1st Accused

Emmanuel s/o Makoye

2nd Accused

Procedural Posture

Criminal / Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether the cautioned statement of the second accused was properly admitted in evidence despite alleged procedural irregularity under section 53(b) of the Criminal Procedure Act

Ratio Decidendi

The minor defect in the description of the charging provision does not invalidate the cautioned statement since the accused was adequately informed of the nature of the offence, and the procedural requirements of section 53(b) of the Criminal Procedure Act were substantially complied with.

Court Disposition

objection overruled

Orders

  • The objection to the admissibility of the cautioned statement is dismissed.
  • The cautioned statement of the second accused is admitted in evidence.