1980 TLR 1

In the absence of corroborating evidence for the repudiated confession and given the lack of proof connecting the appellant to the killing, the conviction cannot stand.

Citation: 1980 TLR 1
Parties: Appellant: Ali Salehe Msutu; Respondent: Republic
Court: TLR
Jurisdiction: Tanzania
Judgment Date: 1 January 1980
Procedural Posture: Criminal Appeal / Judgment on First Appeal
Outcome: appeal allowed
Legal Topics: Alibi, Confession, Corroboration, Exculpatory Statements
Source Language: English

Criminal Law Evidence Alibi Confession Corroboration Exculpatory Statements

Case Brief

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Parties

Ali Salehe Msutu

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on First Appeal

Legal Issues

1 Whether the trial judge erred in not making a finding regarding the defence of alibi
2 Whether a repudiated confession requires corroboration to support conviction
3 Whether exculpatory statements of co-accused can corroborate a repudiated confession

Ratio Decidendi

In the absence of corroborating evidence for the repudiated confession and given the lack of proof connecting the appellant to the killing, the conviction cannot stand.

Court Disposition

appeal allowed

Orders

conviction quashed
sentence set aside