jamila mfaume makanjila mama rwada vs republic 2019 tzca 592 4 november 2019

jamila mfaume makanjila mama rwada vs republic 2019 tzca 592 4 november 2019

The conviction was based on unreliable visual identification and an inadmissible cautioned statement; without these, no evidence remained to sustain conviction.

Citation
jamila mfaume makanjila mama rwada vs republic 2019 tzca 592 4 november 2019
Parties
Appellant: Jamila Mfaume Makanjila @ Mama Warda; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 November 2019
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Attempted Armed Robbery, Visual Identification, Admissibility of Evidence
Source Language
English

Case Brief

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Parties

Jamila Mfaume Makanjila @ Mama Warda

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

  1. 1 Whether the appellant was properly identified as the perpetrator of attempted armed robbery
  2. 2 Whether the cautioned statement was valid evidence given it was not read in court

Ratio Decidendi

The conviction was based on unreliable visual identification and an inadmissible cautioned statement; without these, no evidence remained to sustain conviction.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside