republic vs alberto mendes 2017 tzhc 2 18 may 2017
A witness who has dealt with, analyzed, packed, sealed, and can describe the exhibit is competent to tender it in court, even if not the custodian, as there is no strict legal requirement restricting tendering to the custodian alone.
- Citation
- republic vs alberto mendes 2017 tzhc 2 18 may 2017
- Parties
- Prosecution: The Republic; Accused: Alberto Mendes
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 May 2017
- Procedural Posture
- Criminal Session Case / Ruling on Objection to Admissibility of Exhibit
- Outcome
- Objection overruled; exhibit admitted.
- Legal Topics
- Admissibility of Exhibits, Chain of Custody, Tendering of Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Alberto Mendes
Accused
Procedural Posture
Criminal Session Case / Ruling on Objection to Admissibility of Exhibit
Legal Issues
- 1 Whether a witness who is not the custodian of an exhibit can tender it in court
- 2 Whether compliance with PGO No. 229 is mandatory for admissibility
Ratio Decidendi
A witness who has dealt with, analyzed, packed, sealed, and can describe the exhibit is competent to tender it in court, even if not the custodian, as there is no strict legal requirement restricting tendering to the custodian alone.
Court Disposition
Objection overruled; exhibit admitted.
Orders
- The envelope/parcel is admitted as exhibit PI.
Full Case Text
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