bakari abdallah masusi others vs republic 2015 tzca 569 12 october 2015

bakari abdallah masusi others vs republic 2015 tzca 569 12 october 2015

The appellants were correctly identified by credible eyewitnesses under favorable conditions, and the delay in judgment delivery did not affect the legality of the judgment. However, confessional statements objected to by the appellants were improperly admitted without inquiry and were expunged from the record.

Citation
bakari abdallah masusi others vs republic 2015 tzca 569 12 october 2015
Parties
Appellant: Bakari Abdallah Masusi; Appellant: Mohamedi Bakari Abdallah; Appellant: Hamisi Majowe Rashid @ Sokoine; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 October 2015
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal dismissed
Legal Topics
Armed Robbery, Visual Identification, Admissibility of Confessions, Delay in Delivery of Judgment
Source Language
English
Criminal Law Armed Robbery Visual Identification Admissibility of Confessions Delay in Delivery of Judgment

Case Brief

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Parties

Bakari Abdallah Masusi

Appellant

Mohamedi Bakari Abdallah

Appellant

Hamisi Majowe Rashid @ Sokoine

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the appellants were correctly identified at the scene of crime
  2. 2 Whether the extra-judicial and cautioned statements were properly admitted as evidence
  3. 3 Whether delay in delivery of judgment rendered the judgment illegal

Ratio Decidendi

The appellants were correctly identified by credible eyewitnesses under favorable conditions, and the delay in judgment delivery did not affect the legality of the judgment. However, confessional statements objected to by the appellants were improperly admitted without inquiry and were expunged from the record.

Court Disposition

appeal dismissed

Orders

  • Confessional statements (exhibits PI, P3, P5, P7) expunged from the record
  • Convictions and sentences upheld