martin erasto others vs republic 2018 tzhc 2916 29 june 2018
Conviction was based on cautioned statements admitted in violation of procedure and unreliable visual identification; absence of proper evidence invalidates conviction and sentence.
- Citation
- martin erasto others vs republic 2018 tzhc 2916 29 june 2018
- Parties
- Appellant: Martin Erasto @ Mawanja; Appellant: Samwel Seheba @ Majuto; Appellant: Majaliwa Jeremiah @ Mangwea; Appellant: Edward Bilishani; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 June 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Armed Robbery, Fair Trial, Evidence Admissibility, Visual Identification
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Martin Erasto @ Mawanja
Appellant
Samwel Seheba @ Majuto
Appellant
Majaliwa Jeremiah @ Mangwea
Appellant
Edward Bilishani
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the cautioned statements were properly admitted as evidence
- 2 Whether visual identification was reliable
- 3 Whether the appellants received a fair trial
Ratio Decidendi
Conviction was based on cautioned statements admitted in violation of procedure and unreliable visual identification; absence of proper evidence invalidates conviction and sentence.
Court Disposition
appeal allowed
Orders
- judgment and sentence set aside
- appellants released from prison unless held for another lawful cause
Full Case Text
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