jacob mayan vs republic 2020 tzca 1768 27 august 2020
The appellant's cautioned statement was lawfully recorded and corroborated by other evidence; the identification parade was properly conducted; the evidence of PW1 and PW7 was reliable and relevant; dock identification was valid as it followed a proper parade; all grounds of appeal lacked merit.
- Citation
- jacob mayan vs republic 2020 tzca 1768 27 august 2020
- Parties
- Appellant: Jacob Mayani @ Boyi; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 August 2020
- Procedural Posture
- Criminal Appeal / Second Appeal, Court of Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Evidence, Identification Parade, Confession, Child Victim
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Jacob Mayani @ Boyi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal, Court of Appeal
Legal Issues
- 1 Whether the cautioned statement was recorded contrary to law
- 2 Whether the identification parade was conducted properly
- 3 Whether the evidence of PW1 was contradictory
Ratio Decidendi
The appellant's cautioned statement was lawfully recorded and corroborated by other evidence; the identification parade was properly conducted; the evidence of PW1 and PW7 was reliable and relevant; dock identification was valid as it followed a proper parade; all grounds of appeal lacked merit.
Court Disposition
appeal dismissed
Orders
- Conviction and sentence upheld
- Appellant to serve thirty years imprisonment
Full Case Text
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