19900517 TZCA Mbeya10

19900517 TZCA Mbeya10

The omission to certify the confession under section 57(4)(e) of the Criminal Procedure Act is not fatal where paragraphs (a) to (d) have been complied with and the confession is otherwise voluntary and reliable. The evidence, including the confession and corroborating circumstances, supports the conviction for murder.

Citation
19900517 TZCA Mbeya10
Parties
Respondent: Republic; Appellant: Appellant (not named in extract)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 May 1990
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Murder, Confession Evidence, Criminal Procedure, Appeals
Source Language
English
Criminal Law Murder Confession Evidence Criminal Procedure Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Respondent

Appellant (not named in extract)

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the confession of the appellant was properly admitted as evidence
  2. 2 Whether the conviction for murder was supported by the evidence

Ratio Decidendi

The omission to certify the confession under section 57(4)(e) of the Criminal Procedure Act is not fatal where paragraphs (a) to (d) have been complied with and the confession is otherwise voluntary and reliable. The evidence, including the confession and corroborating circumstances, supports the conviction for murder.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence for murder affirmed