mashiku justine vs republic 2006 tzca 140 15 march 2006

mashiku justine vs republic 2006 tzca 140 15 march 2006

The conviction was unsafe due to unreliable identification evidence and discrepancies in the name of the accused as given by the complainant compared to the charge sheet.

Citation
mashiku justine vs republic 2006 tzca 140 15 march 2006
Parties
Appellant: Mashiku Justine; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 March 2006
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Attempted Rape, Identification Evidence, Appeals
Source Language
English
Criminal Law Attempted Rape Identification Evidence Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Mashiku Justine

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant was properly identified as the perpetrator of the attempted rape
  2. 2 Whether the conviction was safe given discrepancies in identification evidence

Ratio Decidendi

The conviction was unsafe due to unreliable identification evidence and discrepancies in the name of the accused as given by the complainant compared to the charge sheet.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside