bashiru edward vs republic 2008 tzca 22 1 july 2008

bashiru edward vs republic 2008 tzca 22 1 july 2008

There was no evidence of breaking to support the burglary charge; the conviction for burglary was quashed. The confession was voluntary and admissible, and together with corroborating evidence, supported the conviction for theft of the radio cassette.

Citation
bashiru edward vs republic 2008 tzca 22 1 july 2008
Parties
Appellant: Bashiru Edward; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 July 2008
Procedural Posture
Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision
Outcome
Appeal partly allowed
Legal Topics
Burglary, Theft, Confession, Evidence, Appeal
Source Language
English
Criminal Law Burglary Theft Confession Evidence Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Bashiru Edward

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision

Legal Issues

  1. 1 Whether the conviction for burglary was supported by evidence of breaking
  2. 2 Whether the confession statement was admissible and voluntary
  3. 3 Whether the conviction for theft was supported by evidence

Ratio Decidendi

There was no evidence of breaking to support the burglary charge; the conviction for burglary was quashed. The confession was voluntary and admissible, and together with corroborating evidence, supported the conviction for theft of the radio cassette.

Court Disposition

Appeal partly allowed

Orders

  • Conviction and sentence for burglary quashed and set aside
  • Conviction and sentence for theft affirmed; appeal against theft conviction and sentence dismissed