republic vs hussein ayubu sheki 2013 tzhc 2104 22 july 2013

republic vs hussein ayubu sheki 2013 tzhc 2104 22 july 2013

As of 1st June 2007, a Resident Magistrate sitting at the District Court of Lushoto was not a justice of the peace under the Magistrates' Courts Act, and therefore the confession recorded by such magistrate is not admissible as an extra-judicial statement before this court.

Citation
republic vs hussein ayubu sheki 2013 tzhc 2104 22 july 2013
Parties
Prosecution: The Republic; Accused: Hussein Ayubu @ Sheki
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 July 2013
Procedural Posture
Criminal Session Case / Ruling on Admissibility of Confession (trial Within a Trial)
Outcome
Confession statement ruled inadmissible.
Legal Topics
Admissibility of Confession, Role of Justice of the Peace, Voluntariness of Statements
Source Language
English
Criminal Law Evidence Law Admissibility of Confession Role of Justice of the Peace Voluntariness of Statements

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

Hussein Ayubu @ Sheki

Accused

Procedural Posture

Criminal Session Case / Ruling on Admissibility of Confession (trial Within a Trial)

Legal Issues

  1. 1 Whether a Resident Magistrate sitting at a District Court is a justice of the peace under the Magistrates' Courts Act as of 1st June 2007
  2. 2 Whether the confession statement recorded by the Resident Magistrate is admissible
  3. 3 Whether minimum standards exist for recording confessions by justices of the peace

Ratio Decidendi

As of 1st June 2007, a Resident Magistrate sitting at the District Court of Lushoto was not a justice of the peace under the Magistrates' Courts Act, and therefore the confession recorded by such magistrate is not admissible as an extra-judicial statement before this court.

Court Disposition

Confession statement ruled inadmissible.

Orders

  • Confession statement recorded by Resident Magistrate on 1st June 2007 is not admissible as evidence.