Criminal Session 21 of 2023 Ruling Mrisha J

Criminal Session 21 of 2023 Ruling Mrisha J

PW8 did not read or divulge the contents of the cautioned statement before its admission; he narrated what he heard from the accused without having the document in hand. Therefore, the objection lacks merit and the cautioned statement is admissible as an exhibit.

Citation
Criminal Session 21 of 2023 Ruling Mrisha J
Parties
Prosecution: Republic; 1st Accused: Juma Luchanganya Mabula @Sendama; 2nd Accused: Emmanuel Makoye
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Criminal / Ruling on Evidentiary Objection
Outcome
objection overruled
Legal Topics
Admissibility of Cautioned Statements, Procedure for Tendering Exhibits, Fatal Irregularity in Evidence Admission
Source Language
English
Criminal Law Evidence Law Admissibility of Cautioned Statements Procedure for Tendering Exhibits Fatal Irregularity in Evidence Admission

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Parties

Republic

Prosecution

Juma Luchanganya Mabula @Sendama

1st Accused

Emmanuel Makoye

2nd Accused

Procedural Posture

Criminal / Ruling on Evidentiary Objection

Legal Issues

  1. 1 Whether reading or divulging contents of a cautioned statement before admission constitutes a fatal irregularity
  2. 2 Whether PW8's actions amounted to reading or divulging the contents of the cautioned statement

Ratio Decidendi

PW8 did not read or divulge the contents of the cautioned statement before its admission; he narrated what he heard from the accused without having the document in hand. Therefore, the objection lacks merit and the cautioned statement is admissible as an exhibit.

Court Disposition

objection overruled

Orders

  • Cautioned statement of the first accused admitted as exhibit