daudi emmanuel others vs republic 2013 tzca 258 31 may 2013

daudi emmanuel others vs republic 2013 tzca 258 31 may 2013

The cautioned statements were inadmissible due to lack of enquiry into voluntariness and being recorded outside the statutory period. The remaining identification evidence was unreliable due to insufficient detail about lighting and contradictions between witnesses, making the conviction unsafe.

Citation
daudi emmanuel others vs republic 2013 tzca 258 31 may 2013
Parties
Appellant: Daudi Emmanuel; Appellant: Abas Rajabu Juma L; Appellant: Omari Rajabu; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 May 2013
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal allowed
Legal Topics
Armed Robbery, Conspiracy, Evidence, Identification, Confession, Procedure
Source Language
English
Criminal Law Armed Robbery Conspiracy Evidence Identification Confession Procedure

Case Brief

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Parties

Daudi Emmanuel

Appellant

Abas Rajabu Juma L

Appellant

Omari Rajabu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the cautioned statements were properly admitted into evidence
  2. 2 Whether the identification evidence was sufficient to sustain the conviction

Ratio Decidendi

The cautioned statements were inadmissible due to lack of enquiry into voluntariness and being recorded outside the statutory period. The remaining identification evidence was unreliable due to insufficient detail about lighting and contradictions between witnesses, making the conviction unsafe.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside