19951220 TZHC Dar es Salaam2

19951220 TZHC Dar es Salaam2

Appellants were not properly identified as culprits in the attempted robbery; benefit of doubt applies.

Citation
19951220 TZHC Dar es Salaam2
Parties
Appellant: Ismail Abdallah; Appellant: Muhibu Kirnbenge; Appellant: Bakari Gaid; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 December 1995
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Attempted Robbery, Identification Evidence, Benefit of Doubt
Source Language
English
Criminal Law Attempted Robbery Identification Evidence Benefit of Doubt

Case Brief

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Parties

Ismail Abdallah

Appellant

Muhibu Kirnbenge

Appellant

Bakari Gaid

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellants were sufficiently identified as part of the group that invaded the complainant

Ratio Decidendi

Appellants were not properly identified as culprits in the attempted robbery; benefit of doubt applies.

Court Disposition

appeal allowed

Orders

  • convictions quashed
  • sentences set aside