19770211 TZHC Arusha

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

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Parties

Bernard I. Evarest

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

  1. 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