19911009 TZHC Dar es Salaam

19911009 TZHC Dar es Salaam

It was unsafe to convict the appellant based solely on the available evidence of visual identification, as the possibility of mistaken identity was not eliminated.

Citation
19911009 TZHC Dar es Salaam
Parties
Appellant: Mohamed Issa; Respondent: The United Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 October 1991
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Visual Identification, Shop Breaking, Stealing, Standard of Proof
Source Language
English

Case Brief

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Parties

Mohamed Issa

Appellant

The United Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

  1. 1 Whether the conviction based solely on visual identification was safe and proper

Ratio Decidendi

It was unsafe to convict the appellant based solely on the available evidence of visual identification, as the possibility of mistaken identity was not eliminated.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside