20130304 TZCA Arusha 1

20130304 TZCA Arusha 1

The evidence of PW2 and PW3, corroborated by the cautioned and extra-judicial statements admitted without objection, was sufficient to prove the appellants' guilt beyond reasonable doubt. Failure to call additional witnesses was not fatal, and objections to the admissibility of statements were not timely raised.

Source-derived case information.

Citation
20130304 TZCA Arusha 1
Parties
Appellant: Emmanuel Lohay; Appellant: Udagene Yatosha; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 March 2013
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence of Death by High Court
Outcome
appeal dismissed
Legal Topics
Murder, Standard of Proof, Admissibility of Confessions, Number of Witnesses Required
Source Language
english
Criminal Law Murder Standard of Proof Admissibility of Confessions Number of Witnesses Required

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Summary, issues, holding and outcome

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Parties

Emmanuel Lohay

Appellant

Udagene Yatosha

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence of Death by High Court

Legal Issues

  1. 1 Whether the prosecution proved the charge of murder beyond reasonable doubt
  2. 2 Whether failure to call certain witnesses was fatal to the prosecution case
  3. 3 Whether the extra-judicial and cautioned statements were properly admitted

Ratio Decidendi

The evidence of PW2 and PW3, corroborated by the cautioned and extra-judicial statements admitted without objection, was sufficient to prove the appellants' guilt beyond reasonable doubt. Failure to call additional witnesses was not fatal, and objections to the admissibility of statements were not timely raised.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence of death upheld