machemba so paulo vs republic 2019 tzca 396 6 november 2019
The conviction was unsafe as the appellant was not properly identified at the scene of crime and the cautioned statement of the deceased was admitted in contravention of statutory requirements, resulting in a miscarriage of justice.
- Citation
- machemba so paulo vs republic 2019 tzca 396 6 november 2019
- Parties
- Appellant: Machemba s/o Paulo; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 6 November 2019
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Armed Robbery, Visual Identification, Admissibility of Evidence, Cautioned Statement, Miscarriage of Justice
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Machemba s/o Paulo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the appellant was properly identified at the scene of crime
- 2 Whether the trial court properly relied on the cautioned statement of the deceased to convict the appellant
Ratio Decidendi
The conviction was unsafe as the appellant was not properly identified at the scene of crime and the cautioned statement of the deceased was admitted in contravention of statutory requirements, resulting in a miscarriage of justice.
Court Disposition
appeal allowed
Orders
- Immediate release of the appellant unless otherwise held for another lawful cause
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