19830905 TZCA Dar es Salaam

19830905 TZCA Dar es Salaam

The confession made by the first appellant to the police was inadmissible as it was made before the amendment to section 27 of the Law of Evidence Act, 1967. However, the first appellant's confession to a civilian, corroborated by physical evidence (blood stains matching the deceased's blood group on his shorts, and circumstantial evidence), was sufficient to prove his guilt beyond reasonable doubt. The evidence against the second appellant, absent the inadmissible confession, was insufficient to sustain a conviction.

Citation
19830905 TZCA Dar es Salaam
Parties
Appellant: Christophoro Kimambo; Appellant: Leonard Noel; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 September 1983
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal of second appellant allowed; conviction quashed and sentence set aside. Appeal of first appellant dismissed; conviction and sentence upheld.
Legal Topics
Murder, Rape, Confession Evidence, Admissibility of Evidence, Malice Aforethought, Intoxication as a Defence
Source Language
English
Criminal Law Murder Rape Confession Evidence Admissibility of Evidence Malice Aforethought Intoxication as a Defence

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 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Christophoro Kimambo

Appellant

Leonard Noel

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellants participated in the rape and killing of the deceased
  2. 2 Whether the confession made by the first appellant was admissible
  3. 3 Whether the evidence was sufficient to convict the second appellant

Ratio Decidendi

The confession made by the first appellant to the police was inadmissible as it was made before the amendment to section 27 of the Law of Evidence Act, 1967. However, the first appellant's confession to a civilian, corroborated by physical evidence (blood stains matching the deceased's blood group on his shorts, and circumstantial evidence), was sufficient to prove his guilt beyond reasonable doubt. The evidence against the second appellant, absent the inadmissible confession, was insufficient to sustain a conviction.

Court Disposition

Appeal of second appellant allowed; conviction quashed and sentence set aside. Appeal of first appellant dismissed; conviction and sentence upheld.

Orders

  • Second appellant to be released from jail forthwith unless lawfully detained for another cause.
  • First appellant's conviction and sentence of death by hanging affirmed.