20140722 TZHC Dar es Salaam

20140722 TZHC Dar es Salaam

The court found as a fact that the accused signed the cautioned statement where his name appears in his own handwriting, but the absence of his signature or initials on the second page renders that page inadmissible under section 58(2) of the Criminal Procedure Act.

Citation
20140722 TZHC Dar es Salaam
Parties
Prosecution: Republic; Accused: Mbegu Juma @ Pazi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 July 2014
Procedural Posture
Criminal / Trial Within a Trial (voir Dire) on Admissibility of Cautioned Statement
Outcome
partially admitted
Legal Topics
Admissibility of Confessions, Procedure for Cautioned Statements, Signature Requirements Under Criminal Procedure Act
Source Language
English
Criminal Law Evidence Law Admissibility of Confessions Procedure for Cautioned Statements Signature Requirements Under Criminal Procedure Act

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Parties

Republic

Prosecution

Mbegu Juma @ Pazi

Accused

Procedural Posture

Criminal / Trial Within a Trial (voir Dire) on Admissibility of Cautioned Statement

Legal Issues

  1. 1 Whether the accused signed the cautioned statement as required by law
  2. 2 Whether the absence of the accused's signature on the second page affects admissibility

Ratio Decidendi

The court found as a fact that the accused signed the cautioned statement where his name appears in his own handwriting, but the absence of his signature or initials on the second page renders that page inadmissible under section 58(2) of the Criminal Procedure Act.

Court Disposition

partially admitted

Orders

  • Only the first and third pages of the accused's cautioned statement are admitted as evidence; the second page is excluded and shall not be relied upon by the court.