emmanuel koteh vs republic 2019 tzhc 267 16 september 2019
Material contradictions in prosecution evidence regarding the date of commission and amounts involved rendered the charge unproved; conviction cannot stand where evidence does not match the charge sheet.
- Citation
- emmanuel koteh vs republic 2019 tzhc 267 16 september 2019
- Parties
- Appellant: Emmanuel Koteh; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 September 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- False Pretense, Conviction, Evidence Contradictions, Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Parties
Emmanuel Koteh
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether contradictions in prosecution evidence regarding dates and amounts are fatal to the conviction
- 2 Whether the charge was proved beyond reasonable doubt
Ratio Decidendi
Material contradictions in prosecution evidence regarding the date of commission and amounts involved rendered the charge unproved; conviction cannot stand where evidence does not match the charge sheet.
Court Disposition
appeal allowed
Orders
- Conviction quashed and nullified
- Sentences for compensation and imprisonment set aside
Full Case Text
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