baraka so steven another vs republic 2019 tzhc 15786 10 september 2019

baraka so steven another vs republic 2019 tzhc 15786 10 september 2019

The conviction and sentence were set aside because the identification of the appellants was not properly established; there was no identification parade, the circumstances were not conducive for correct identification, and the evidence was not watertight as required by law.

Citation
baraka so steven another vs republic 2019 tzhc 15786 10 september 2019
Parties
Appellant: Baraka s/o Steven; Appellant: Hedaya s/o Mwaijuba; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 September 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Armed Robbery, Identification Evidence, Criminal Procedure, Appeals
Source Language
English
Criminal Law Armed Robbery Identification Evidence Criminal Procedure Appeals

Case Brief

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Parties

Baraka s/o Steven

Appellant

Hedaya s/o Mwaijuba

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the identification of the appellants was proper and sufficient to sustain a conviction for armed robbery

Ratio Decidendi

The conviction and sentence were set aside because the identification of the appellants was not properly established; there was no identification parade, the circumstances were not conducive for correct identification, and the evidence was not watertight as required by law.

Court Disposition

appeal allowed

Orders

  • Conviction and sentence set aside.
  • Appellants to be released forthwith unless held for some other lawful cause.