19831126 TZHC Mbeya
There was no evidence proving beyond reasonable doubt that the appellant's testimony was false; the prosecution failed to establish the elements of perjury.
Source-derived case information.
- Citation
- 19831126 TZHC Mbeya
- Parties
- Appellant: Ignasi Kimilila; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 26 November 1983
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Perjury, False Testimony, Standard of Proof
- Source Language
- english
Criminal Law Perjury False Testimony Standard of Proof
Source-derived case record
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Parties
Ignasi Kimilila
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant knowingly gave false testimony amounting to perjury under sections 102(1) and 104 of the Penal Code
- 2 Whether the conviction was supported by evidence beyond reasonable doubt
Ratio Decidendi
There was no evidence proving beyond reasonable doubt that the appellant's testimony was false; the prosecution failed to establish the elements of perjury.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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