19830302 TZHC Mbeya

19830302 TZHC Mbeya

The prosecution did not establish a prima facie case against the appellant at the close of its case; therefore, the trial court erred in calling the appellant to enter a defence and convicting him based on evidence adduced during the defence stage and his silence.

Citation
19830302 TZHC Mbeya
Parties
Appellant: Jerasi; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 March 1983
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Storebreaking, Stealing, Prima Facie Case, Burden of Proof, Right to Silence
Source Language
English
Criminal Law Storebreaking Stealing Prima Facie Case Burden of Proof Right to Silence

Case Brief

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Parties

Jerasi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against the appellant at the close of its case
  2. 2 Whether the trial court erred in convicting the appellant based on evidence adduced during the defence stage and the appellant's silence

Ratio Decidendi

The prosecution did not establish a prima facie case against the appellant at the close of its case; therefore, the trial court erred in calling the appellant to enter a defence and convicting him based on evidence adduced during the defence stage and his silence.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence of five years imprisonment set aside