the republic vs david ismail kisalwa 2024 tzhc 869 19 february 2024
The accused's cautioned statement contained detailed information only known to him, and inconsistencies in his testimony undermined his credibility. The court found the confession was freely and voluntarily made, not induced by torture or threat, and is admissible.
- Citation
- the republic vs david ismail kisalwa 2024 tzhc 869 19 february 2024
- Parties
- Prosecution: The Republic; Accused: David Ismail @ Kisalwa
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 February 2024
- Procedural Posture
- Criminal / Trial Within Trial
- Outcome
- objection overruled
- Legal Topics
- Confession, Voluntariness, Admissibility of Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
David Ismail @ Kisalwa
Accused
Procedural Posture
Criminal / Trial Within Trial
Legal Issues
- 1 Whether the cautioned statement/confession was obtained voluntarily or through torture
- 2 Whether section 169(1) of the Criminal Procedure Act and section 27(1) & (3) of the Evidence Act require exclusion of the confession
Ratio Decidendi
The accused's cautioned statement contained detailed information only known to him, and inconsistencies in his testimony undermined his credibility. The court found the confession was freely and voluntarily made, not induced by torture or threat, and is admissible.
Court Disposition
objection overruled
Orders
- The cautioned statement is admitted as evidence
- Objection for exclusion of confession under section 169(1) Criminal Procedure Act and section 27(1) & (3) Evidence Act is overruled
Full Case Text
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