flano alphonce masalu singu vs republic 2020 tzca 197 30 april 2020

flano alphonce masalu singu vs republic 2020 tzca 197 30 april 2020

Visual identification evidence was not watertight and failed to eliminate possibility of mistaken identity; identification parade lacked prior description; confession of first appellant was lawfully recorded and sufficiently detailed to sustain conviction against him alone; confession against co-accused lacked corroboration; procedural irregularities did not occasion miscarriage of justice.

Citation
flano alphonce masalu singu vs republic 2020 tzca 197 30 april 2020
Parties
Appellant: Flano Alphonse Masalu @ Singu; Appellant: Jeremiah Flavian Mgori; Appellant: Sadru Kamugisha; Appellant: Morris John Malianga; Appellant: Sadick Ramadhan Bwanga; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 April 2020
Procedural Posture
Criminal Appeal / Second and Final Appeal
Outcome
Appeal allowed in part; convictions and sentences against second, third, fourth, and fifth appellants quashed and set aside; first appellant's conviction and sentence upheld.
Legal Topics
Armed Robbery, Visual Identification, Confession, Procedural Irregularities, Identification Parade, Corroboration
Source Language
English
Criminal Law Armed Robbery Visual Identification Confession Procedural Irregularities Identification Parade Corroboration

Case Brief

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Parties

Flano Alphonse Masalu @ Singu

Appellant

Jeremiah Flavian Mgori

Appellant

Sadru Kamugisha

Appellant

Morris John Malianga

Appellant

Sadick Ramadhan Bwanga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second and Final Appeal

Legal Issues

  1. 1 Whether the charge sheet was defective
  2. 2 Whether evidence was recorded in contravention of section 210(3) of the CPA
  3. 3 Whether visual identification evidence was reliable

Ratio Decidendi

Visual identification evidence was not watertight and failed to eliminate possibility of mistaken identity; identification parade lacked prior description; confession of first appellant was lawfully recorded and sufficiently detailed to sustain conviction against him alone; confession against co-accused lacked corroboration; procedural irregularities did not occasion miscarriage of justice.

Court Disposition

Appeal allowed in part; convictions and sentences against second, third, fourth, and fifth appellants quashed and set aside; first appellant's conviction and sentence upheld.

Orders

  • Second, third, fourth, and fifth appellants to be released forthwith unless otherwise lawfully held.
  • First appellant's thirty years' imprisonment remains undisturbed.