c6642 peter masawe vs republic 1986 tzca 60 11 september 1986

c6642 peter masawe vs republic 1986 tzca 60 11 september 1986

The trial judge was entitled to believe the prosecution witnesses over the appellant, there was sufficient evidence of attempted murder and receipt of a bribe, and the contradictions in the prosecution case were minor and did not affect the outcome.

Citation
c6642 peter masawe vs republic 1986 tzca 60 11 september 1986
Parties
Appellant: C.6642 Peter Niasawe; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 September 1986
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence by High Court
Outcome
appeal dismissed
Legal Topics
Attempted Murder, Bribery, Credibility of Witnesses, Appeals
Source Language
English
Criminal Law Attempted Murder Bribery Credibility of Witnesses Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

C.6642 Peter Niasawe

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence by High Court

Legal Issues

  1. 1 Whether the appellant attempted to murder P.W.5
  2. 2 Whether the appellant received a bribe and if that provided motive
  3. 3 Whether contradictions in prosecution evidence were material

Ratio Decidendi

The trial judge was entitled to believe the prosecution witnesses over the appellant, there was sufficient evidence of attempted murder and receipt of a bribe, and the contradictions in the prosecution case were minor and did not affect the outcome.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence affirmed