crispin martine and another vs the republic 1996 tzca 16 11 july 1996

crispin martine and another vs the republic 1996 tzca 16 11 july 1996

The appeal was summarily rejected because the evidence established that the offence was committed during the day, the appellants were well known to the victim, and there was no possibility of mistaken identification; the conviction and mandatory sentence were fully supported by the evidence.

Citation
crispin martine and another vs the republic 1996 tzca 16 11 july 1996
Parties
Appellant: Crispin Martine; Appellant: Avelin Joseph; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 July 1996
Procedural Posture
Criminal Appeal / Summary Rejection at Court of Appeal
Outcome
appeal summarily rejected
Legal Topics
Robbery, Identification Evidence, Appeal Procedure
Source Language
English
Criminal Law Robbery Identification Evidence Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Crispin Martine

Appellant

Avelin Joseph

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Summary Rejection at Court of Appeal

Legal Issues

  1. 1 Whether there was mistaken identification of the appellants as the robbers
  2. 2 Whether the conviction and sentence were supported by evidence

Ratio Decidendi

The appeal was summarily rejected because the evidence established that the offence was committed during the day, the appellants were well known to the victim, and there was no possibility of mistaken identification; the conviction and mandatory sentence were fully supported by the evidence.

Court Disposition

appeal summarily rejected

Orders

  • Appeal summarily rejected under Section 4(4) of the Appellate Jurisdiction Act 1979 as amended