19770211 TZHC Arusha
The conviction was unsafe as it relied solely on the uncorroborated testimony of P.W. 11, who was at best an accomplice and at worst a person with an interest to serve, and whose evidence was not absolutely reliable.
- Citation
- 19770211 TZHC Arusha
- Parties
- Appellant: Bernard I. Evarest; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 11 February 1977
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Appeals, Evidence, Accomplice Testimony, Corroboration, Conviction Safety
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bernard I. Evarest
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the conviction of the appellant was safe based solely on the uncorroborated testimony of an accomplice witness
Ratio Decidendi
The conviction was unsafe as it relied solely on the uncorroborated testimony of P.W. 11, who was at best an accomplice and at worst a person with an interest to serve, and whose evidence was not absolutely reliable.
Court Disposition
appeal allowed
Orders
- convictions and sentences set aside
- appellant to be released unless lawfully held for other reasons
Full Case Text
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