19870813 TZCA Dar es Salaam

The conviction was unsafe because there was no evidence that an identification parade had been held, making the identification of the appellant unreliable.

Citation: 19870813 TZCA Dar es Salaam
Parties: Appellant: Appellant; Respondent: Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 13 August 1987
Procedural Posture: Criminal Appeal / Appeal Judgment
Outcome: appeal allowed
Legal Topics: Identification Evidence, Appeal Against Conviction, Burden of Proof
Source Language: English

Criminal Law Identification Evidence Appeal Against Conviction Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

1 Whether the appellant was properly identified as one of the robbers involved in the shooting incident
2 Whether the conviction was safe in the absence of evidence of an identification parade

Ratio Decidendi

The conviction was unsafe because there was no evidence that an identification parade had been held, making the identification of the appellant unreliable.

Court Disposition

appeal allowed

Orders

conviction quashed
sentence of death set aside