frank haule vs republic 2013 tzca 279 26 july 2013
The conditions for visual identification were not conducive and corroboration was lacking; therefore, the conviction could not be sustained.
- Citation
- frank haule vs republic 2013 tzca 279 26 july 2013
- Parties
- Appellant: Frank Haule; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 26 July 2013
- Procedural Posture
- Criminal Appeal / Second Appeal Before Court of Appeal
- Outcome
- appeal allowed
- Legal Topics
- Visual Identification, Burden of Proof, Composite Offences, Miscarriage of Justice
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Parties
Frank Haule
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal Before Court of Appeal
Legal Issues
- 1 Whether the evidence of visual identification was sufficient to ground a conviction
- 2 Whether the appellant was properly charged under the correct section of the Penal Code
- 3 Whether any miscarriage of justice occurred due to the charging error
Ratio Decidendi
The conditions for visual identification were not conducive and corroboration was lacking; therefore, the conviction could not be sustained.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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