dastan venance mrema another vs republic 2013 tzca 257 25 june 2013

dastan venance mrema another vs republic 2013 tzca 257 25 june 2013

The appellants failed to object to the admission of their cautioned statements at trial, and even if those statements were excluded, there was sufficient corroborative evidence, including extra-judicial statements and witness testimony, to uphold the convictions.

Citation
dastan venance mrema another vs republic 2013 tzca 257 25 june 2013
Parties
Appellant: Dastan Venance Mrema; Appellant: Mohamed Julius @ Makoko Mudi; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 June 2013
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Armed Robbery, Confession Evidence, Admissibility of Evidence, Appeals Procedure
Source Language
English
Criminal Law Armed Robbery Confession Evidence Admissibility of Evidence Appeals Procedure

Case Brief

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Parties

Dastan Venance Mrema

Appellant

Mohamed Julius @ Makoko Mudi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the first appellate court erred in upholding the conviction despite finding prosecution witnesses not credible
  2. 2 Whether the first appellate court failed to determine the competency of the cautioned statements
  3. 3 Whether the first appellate court failed to uphold grounds of appeal regarding contradictions and discrepancies in prosecution evidence

Ratio Decidendi

The appellants failed to object to the admission of their cautioned statements at trial, and even if those statements were excluded, there was sufficient corroborative evidence, including extra-judicial statements and witness testimony, to uphold the convictions.

Court Disposition

appeal dismissed

Orders

  • convictions and sentences upheld