buswelo busalu vs republic 2013 tzca 221 25 november 2013
The conviction for murder was unsafe as it was based solely on uncorroborated retracted confessions, which is contrary to settled law requiring corroboration or a clear finding of truth after warning oneself of the dangers of relying on such evidence. The confessions were found not to contain the truth and lacked corroborative support.
- Citation
- buswelo busalu vs republic 2013 tzca 221 25 november 2013
- Parties
- Appellant: Buswelo Busalu; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 25 November 2013
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence
- Outcome
- Appeal allowed
- Legal Topics
- Murder, Confession Evidence, Retracted Confessions, Corroboration, Appeals
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Buswelo Busalu
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the conviction for murder could be sustained on uncorroborated retracted confessions
- 2 Whether the trial judge erred in law by relying on retracted confessions without corroboration
Ratio Decidendi
The conviction for murder was unsafe as it was based solely on uncorroborated retracted confessions, which is contrary to settled law requiring corroboration or a clear finding of truth after warning oneself of the dangers of relying on such evidence. The confessions were found not to contain the truth and lacked corroborative support.
Court Disposition
Appeal allowed
Orders
- Conviction for murder quashed
- Death sentence set aside
Full Case Text
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