CRIMINAL APPEAL NO 152 OF 20021 JACKSON JOHN MARASE MEN ANOTHER VS THE REPUBLIC

CRIMINAL APPEAL NO 152 OF 20021 JACKSON JOHN MARASE MEN ANOTHER VS THE REPUBLIC

The conviction and sentence were quashed because the doctrine of recent possession was wrongly applied, the prosecution evidence was inconsistent and unreliable, key exhibits were improperly admitted, and the prosecution failed to prove the case beyond reasonable doubt.

Citation
CRIMINAL APPEAL NO 152 OF 20021 JACKSON JOHN MARASE MEN ANOTHER VS THE REPUBLIC
Parties
Appellant: Jackson John Marase @ Men; Appellant: Saitoti Paritomari Maraia; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2002
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; conviction and sentence quashed and set aside.
Legal Topics
Armed Robbery, Doctrine of Recent Possession, Identification Evidence, Confession Evidence, Admissibility of Evidence, Burden of Proof, Contradictory Evidence
Source Language
English
Criminal Law Armed Robbery Doctrine of Recent Possession Identification Evidence Confession Evidence Admissibility of Evidence Burden of Proof Contradictory Evidence

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Parties

Jackson John Marase @ Men

Appellant

Saitoti Paritomari Maraia

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the charge was defective due to variance between particulars and evidence
  2. 2 Whether documentary exhibits were irregularly admitted
  3. 3 Whether the doctrine of recent possession was properly applied

Ratio Decidendi

The conviction and sentence were quashed because the doctrine of recent possession was wrongly applied, the prosecution evidence was inconsistent and unreliable, key exhibits were improperly admitted, and the prosecution failed to prove the case beyond reasonable doubt.

Court Disposition

Appeal allowed; conviction and sentence quashed and set aside.

Orders

  • Immediate release of the appellants from prison unless otherwise lawfully held.