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Tanzania Judgment

TZHC

19911010 TZHC Dar es Salaam

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The evidence presented by the prosecution was contradictory and insufficient to establish a prima facie case against the accused; therefore, the accused cannot be called upon to defend mere suspicions.

Court disposition

acquittal

Orders

  • The accused is found not guilty and is acquitted and discharged.
  • Court assessors thanked and discharged.

02

Material facts

Parties

Republic

Prosecution

Japhet Mwanahemba

Accused

03

Procedural history

  1. Posture

    Criminal / Ruling on No Case to Answer

04

Questions and positions

Legal issues

Whether there is sufficient evidence to require the accused to enter his defence on a charge of murder

Party arguments

Applicant
The defence submitted that there was not enough evidence from the prosecution to require the accused to enter his defence.
Respondent
The prosecution closed its case, relying on evidence from its witnesses.

05

Court’s reasoning

  1. 01

    Section 293 of the Criminal Procedure Act 1985

    At the close of the prosecution case, the court must determine if there is evidence upon which it can convict the accused if no defence is offered.

06

Ratio, limits and disposition

Ratio decidendi

The evidence presented by the prosecution was contradictory and insufficient to establish a prima facie case against the accused; therefore, the accused cannot be called upon to defend mere suspicions.

Court disposition

acquittal

  • The accused is found not guilty and is acquitted and discharged.
  • Court assessors thanked and discharged.

Source and reliance status

TZHC · 10 October 1991

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Judgment text

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Source document

TZHC

Judgment· 10 October 1991

19911010 TZHC Dar es Salaam

~~~f~~,:•~1 . ,~'- .' ··~·, ; ~-I IN TH£ Hl_J::I COURT OF T.1.LNZii.NI.il.

AT DAR ES SALAAM

ORIGINAL JURISDICTION . . I en. SESSIONS cs NO 54/1990 RE?UBLIC VERSUS_••••• _._. • , • •,.• J.tlPHET MWANAHEMBA .••• _, • _.. • ,..., RUtING LUGAKINGIRA 1 J s When the prosecution closed its· case in th~s proceeding of uurdey, the defence subwitted that there was not enough evidence·frow ~he ~rosecution to require the accused to enter his defence. The quest~pn under s. 293 of the Cri~inal ?rocedure Act 1985 is ··••f • '✓ whether at tbia stage there is evidenqe upon which the Court can hold that the acc~s·ed is guilty of m:urder or a-~y other offence if he does n~t defend hims~lf I ~ave no hesitation in saying that there is no such evidence,. ! The eyidence of the star witnesses, . .PWI and ?W2 is so cont:radictor1 and at times· i': childish that no court of law- properly• directi~g itself can convict the accused of the offence cha.l'ged or ·any· offence if he does nut enter his iefence. It seeus to ~e that the case against the aecused was found.ed. on··1uspioLms bec.iuse of the alleged feud between accused and the deceased 1 s husband. But tha Court cannot call upon the accused to defend suspioi,ons; ·it cnn Jnly do so for the ,ccused to dete.nd credible, evidence, .!=ind this evi::ence we do not have in this case. J~· I therefore uphold the subr.iission of the defence and find that the accused is.not guilty and acquit an::1 d.ischarge Jhiw,. - ~ • . ·~-f:~, . K:"'s·~·K-:\VGAK .· GIRA

JUDGE . ·1J/10/91 Court, li.ssessors thanked and disch.arged. -:k. J: ~ "-~ 4· ;L°ti'GAKINGIRA

JUDGE DllR ES Sli.Li.AM 10th October, 1991 •.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Criminal Procedure Act 1985 s.293

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