anorld kagoma another vs republic 2017 tzca 269 9 august 2017

anorld kagoma another vs republic 2017 tzca 269 9 august 2017

There was no credible evidence on record to connect the appellants with the offences due to unreliable visual identification and inadmissible cautioned statements; convictions and sentences could not be sustained.

Citation
anorld kagoma another vs republic 2017 tzca 269 9 august 2017
Parties
Appellant: Anorld Kagoma; Appellant: Basili Philimon; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 August 2017
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal allowed
Legal Topics
Visual Identification, Cautioned Statements, Armed Robbery, Grievous Harm, Admissibility of Evidence, Procedure in Criminal Trials
Source Language
English
Criminal Law Visual Identification Cautioned Statements Armed Robbery Grievous Harm Admissibility of Evidence Procedure in Criminal Trials

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Parties

Anorld Kagoma

Appellant

Basili Philimon

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the appellants were properly identified as perpetrators of armed robbery and grievous harm
  2. 2 Whether the cautioned statements were admissible and properly obtained
  3. 3 Whether the convictions and sentences were legally sustainable

Ratio Decidendi

There was no credible evidence on record to connect the appellants with the offences due to unreliable visual identification and inadmissible cautioned statements; convictions and sentences could not be sustained.

Court Disposition

appeal allowed

Orders

  • convictions quashed
  • sentences set aside