jacob mayan vs republic 2020 tzca 1768 27 august 2020

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

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Parties

Jacob Mayani @ Boyi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal, Court of Appeal

  1. 1 Whether the cautioned statement was recorded contrary to law
  2. 2 Whether the identification parade was conducted properly
  3. 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