19830905 TZCA Arusha1

19830905 TZCA Arusha1

Confession made by first appellant to police inadmissible due to non-retrospective amendment; conviction of second appellant unsafe without confession and insufficient corroborative evidence; first appellant's conviction sustained based on confession to third party and corroborative forensic evidence establishing...

Source-derived case information.

Citation
19830905 TZCA Arusha1
Parties
Appellant: Christophoro Kimambo; Appellant: Leonard Noel; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 September 1983
Procedural Posture
Criminal Appeal / Judgment
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 Defence
Source Language
english
Criminal Law Murder Rape Confession Evidence Admissibility of Evidence Malice Aforethought Intoxication as Defence

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Summary, issues, holding and outcome

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Parties

Christophoro Kimambo

Appellant

Leonard Noel

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellants participated in the rape and killing of the deceased
  2. 2 Admissibility of confession evidence under amended Evidence Act
  3. 3 Whether malice aforethought was established

Ratio Decidendi

Confession made by first appellant to police inadmissible due to non-retrospective amendment; conviction of second appellant unsafe without confession and insufficient corroborative evidence; first appellant's conviction sustained based on confession to third party and corroborative forensic evidence establishing participation and malice aforethought.

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 forthwith unless detained for other lawful cause.
  • First appellant's conviction and sentence for murder affirmed.