the republic vs mgwasi jumanne wapori another 2023 tzhc 21980 10 october 2023

the republic vs mgwasi jumanne wapori another 2023 tzhc 21980 10 october 2023

The court found that the cautioned statement was recorded within the permissible time frame and in compliance with section 57(4) of the Act. The objections raised by the Defence were overruled as the statement was properly authenticated and the cited precedents were distinguishable.

Citation
the republic vs mgwasi jumanne wapori another 2023 tzhc 21980 10 october 2023
Parties
Prosecution: The Republic; Accused: Mgwasi Jumanne @ Wapori; Accused: Mulabu Murungu @ Muya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 October 2023
Procedural Posture
Criminal Sessions Case / Ruling on Admissibility of Cautioned Statement Under Section 57(4) of the Criminal Procedure Act
Outcome
Objections overruled; cautioned statement admitted as exhibit P.2.
Legal Topics
Admissibility of Evidence, Cautioned Statement, Rights of Accused, Time Limitation for Recording Statements
Source Language
English
Criminal Law Criminal Procedure Admissibility of Evidence Cautioned Statement Rights of Accused Time Limitation for Recording Statements

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Parties

The Republic

Prosecution

Mgwasi Jumanne @ Wapori

Accused

Mulabu Murungu @ Muya

Accused

Procedural Posture

Criminal Sessions Case / Ruling on Admissibility of Cautioned Statement Under Section 57(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the cautioned statement of the second accused was recorded in compliance with section 57(4) of the Criminal Procedure Act
  2. 2 Whether the time limitation for recording the cautioned statement was observed under section 50(2)(a) of the Criminal Procedure Act

Ratio Decidendi

The court found that the cautioned statement was recorded within the permissible time frame and in compliance with section 57(4) of the Act. The objections raised by the Defence were overruled as the statement was properly authenticated and the cited precedents were distinguishable.

Court Disposition

Objections overruled; cautioned statement admitted as exhibit P.2.

Orders

  • Cautioned statement of Mulabu Murungu @ Muya recorded on 1st November 2022 at 17:05 hours at Musoma Police Central Station is admitted as exhibit P.2.