republic vs marceline koivogui 2017 tzhc 2134 12 may 2017

republic vs marceline koivogui 2017 tzhc 2134 12 may 2017

The amendments to Section 58 of the CPA permit investigating officers to record caution statements, and the requirements of Section 53 were met. The omission to indicate the time of cautioning does not invalidate the statement as the interview period was recorded. The objection lacks merit and the caution statement is admissible.

Citation
republic vs marceline koivogui 2017 tzhc 2134 12 may 2017
Parties
Prosecution: The Republic; Accused: Marceline Koivogui
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 May 2017
Procedural Posture
Criminal Sessions Case / Ruling on Objection to Admissibility of Caution Statement
Outcome
Objection overruled
Legal Topics
Admissibility of Evidence, Caution Statement, Role of Investigating Officer, Compliance With Statutory Requirements
Source Language
English
Criminal Law Criminal Procedure Admissibility of Evidence Caution Statement Role of Investigating Officer Compliance With Statutory Requirements

Case Brief

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Parties

The Republic

Prosecution

Marceline Koivogui

Accused

Procedural Posture

Criminal Sessions Case / Ruling on Objection to Admissibility of Caution Statement

Legal Issues

  1. 1 Whether the caution statement was recorded in violation of Section 58 of the Criminal Procedure Act (CPA)
  2. 2 Whether the accused was properly cautioned under the correct law
  3. 3 Whether the investigating officer can record the caution statement of the accused

Ratio Decidendi

The amendments to Section 58 of the CPA permit investigating officers to record caution statements, and the requirements of Section 53 were met. The omission to indicate the time of cautioning does not invalidate the statement as the interview period was recorded. The objection lacks merit and the caution statement is admissible.

Court Disposition

Objection overruled

Orders

  • The caution statement of the accused Marceline Koivogui is admitted as exhibit P10.