fakihi ismail vs republic 2019 tzca 368 4 november 2019
The prosecution's evidence, corroborated by multiple witnesses, proved the charge of attempted robbery beyond reasonable doubt; improperly admitted evidence was expunged; only grounds raised and determined in the first appellate court can be considered on second appeal.
- Citation
- fakihi ismail vs republic 2019 tzca 368 4 november 2019
- Parties
- Appellant: Fakihi Ismail; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 4 November 2019
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Attempted Robbery, Burden of Proof, Admissibility of Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Fakihi Ismail
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the prosecution proved the charge of attempted robbery beyond reasonable doubt
- 2 Whether the PF3 medical report was properly admitted
- 3 Whether grounds not raised in the first appellate court can be considered
Ratio Decidendi
The prosecution's evidence, corroborated by multiple witnesses, proved the charge of attempted robbery beyond reasonable doubt; improperly admitted evidence was expunged; only grounds raised and determined in the first appellate court can be considered on second appeal.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed in its entirety
- Second, third, and fourth grounds struck out
Full Case Text
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