magaga
- Citation
- magaga
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 13 November 2024
- Posture
- Criminal Appeal / Judgment
- Language
- English
More details
- Court
- TANZLII
- Decision
- 13 November 2024
- Posture
- Criminal Appeal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The conviction and sentence were quashed because the only evidence implicating the appellants was weak visual identification, lacking sufficient detail and corroboration, and the prosecution failed to prove the case beyond reasonable doubt.
Court disposition
appeal allowed; conviction and sentence quashed; appellants acquitted
Orders
- The conviction and sentence against the appellants are quashed and set aside.
- The appellants are acquitted and shall be released from imprisonment forthwith unless held for another lawful cause.
02
Material facts
Parties
John John Magaga
AppellantGodfrey Ubaya Mahonda
AppellantRepublic
Respondent Counsel: State AttorneyAmounts and remedies
- Sentence: years 30
03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the conviction for armed robbery was sustainable based on visual identification evidence
- 02
Whether the prosecution discharged the burden of proof beyond reasonable doubt
Party arguments
- Applicant
- The appellants challenged the conviction on the basis that the identification evidence was irregular and insufficient to sustain a conviction for armed robbery.
- Respondent
- The State Attorney did not oppose the appeal, conceding that there were irregularities in the identification of the accused by the victim.
05
Court’s reasoning
Legal principles
- 01
Omary Said @ Habibu vs R(CAT)Arusha, Criminal Appeal No.302 of 2014
Visual identification is one of the weakest forms of evidence and should only be relied upon when all possibilities of mistaken identity are eliminated and the evidence is absolutely watertight.
- 02
Nathaniel Alphonce Mapunda & another vs R, 2006 TLR
In criminal trials, the burden of proof always lies on the prosecution and must be beyond reasonable doubt.
06
Ratio, limits and disposition
Ratio decidendi
The conviction and sentence were quashed because the only evidence implicating the appellants was weak visual identification, lacking sufficient detail and corroboration, and the prosecution failed to prove the case beyond reasonable doubt.
Court disposition
appeal allowed; conviction and sentence quashed; appellants acquitted
- The conviction and sentence against the appellants are quashed and set aside.
- The appellants are acquitted and shall be released from imprisonment forthwith unless held for another lawful cause.
Source and reliance status
TANZLII · 13 November 2024
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TANZLII
Judgment· 13 November 2024
THE JUDICIARY OF TANZANIA
IN THE HIGH COURT OF MOROGORO AT MOROGORO CRIMINAL APPEAL NO.000021859 OF 2024 JOHN S/O JOHN MAGAGA AND ANOTHER COMPLAINANT / APPELLANT /
APPLICANT
VERSUS REPUBLIC RESPONDENT/DEFENDANT
JUDGMENT L. A. MANSOOR,J
JUDGEMENT John John Magaga and Godfrey Ubaya Mahonda were charged for the offence of Armed Robbery c/s 287A ofthe Penal Code, they were convicted and sentenced to 30 years' imprisonment. They were aggrieved; thus, they filed an appeal before this Court challenging the decision ofthe trial Court, during the hearing ofthe appeal, the Learned State Attomey did not oppose the appeal stating that there were irregularities in their identification by the victim, to buttress his arguments, he cited the decisions by the Court of Appeal in the case of Anaeli Sambo vs Republic Criminal Appeal No 274 of 2007 and the case Chacha Jeremiah Murimi and 3 others Criminal Appeal no 551 of 2015 CA sitting at Mwanza. I have heard the Counsel for the State, and 1 agree that the only evidence that implicated the accused persons who are the appellants herein is the evidence of victim who said that he had identified one appellant in his names as Godigodi, Godi godi never appeared in court as the appellant, the victim also claimed he had identified godigodi through the electricity light but never stated the intensity of the light. It is the established principle that visual identification is not the best evidence, and in relying to visual identification the Magistrate ought to have ruled out the possibility of mistaken identity. As held in the case of Omary Said @ Habibu vs R(CAT)Arusha, Criminal Appeal
No.302 of2014 (unreported), the Court held that: "the evidence of visual identification is the one of the weakest kinds and should only be relied upon when all possibilities of mistaken identity are eliminated, and the court is satisfied that the evidence before it is absolutely watertight." Although the victim had said there was electricity light, and he was beaten and assaulted by the bandits using a machete, and so he was in close contact with them, the victim did not describe the physical features ofthe culprits such as their body size, complexion, or voice or the garments they wore during the incident. The victim also did Page. 1 Hon.. LATIFA MANSOOR not tell the court as to how long was the attack, to be able to identify the bandits. This was not done, and hence the conviction based on visual identification was weak and could not be based in sustaining the conviction. As there are no any other evidence adduced by the prosecution for proving the offence of Armed Robbery there was no recovery of the deadly weapon used so as to satisfy the ingredients ofthe offence of robbery. As held in the case of Nathaniel Alphonce Mapunda & another vs R» 2006 TLR, the Court of Appeal had insisted that in criminal trial the burden of proof always lies on the prosecution, and proof is beyond reasonable doubt. Indeed, as submitted by the Counsel for the Republic, the prosecution failed
miserably to discharge their duty of proof of beyond reasonable doubt particularly on an important issue of visual identification or recognition. That being the case, the conviction and sentence passed by the Trial Magistrate in Criminal Case No. 102 of 2021 against the appellants herein is quashed and set aside. The Appellant JOHN JOHN MAGAGA and GODFREY S/0 UBAYA @MAHONDA are acquitted of the charge, and shall be released from imprisonment forthwith, unless they are kept there for any other lawful cause. It is so ordered.
L MANSOOR
JUDGE 13 NOVEMBER 2024 Dated at MOROGORO ZONE this 13th of November 2024. L. A. MANSOOR,J
JUDGE OF THE HIGH COURT Page. 2 Hon.. LATIFA MANSOOR
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