20100901 TZCA Arusha2

20100901 TZCA Arusha2

The circumstances at the scene of the crime did not allow for watertight identification of the accused, and the evidence was not properly recorded as required by law. Therefore, the convictions could not stand.

Citation
20100901 TZCA Arusha2
Parties
Appellant: Naiman Richard; Appellant: Harson Wilbard; Appellant: Simon Mariki; Appellant: David Geofrey; Appellant: Daniel Kavishe; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 September 2010
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal allowed
Legal Topics
Armed Robbery, Grievous Harm, Visual Identification, Criminal Procedure, Evidence Recording
Source Language
English
Criminal Law Armed Robbery Grievous Harm Visual Identification Criminal Procedure Evidence Recording

Case Brief

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Parties

Naiman Richard

Appellant

Harson Wilbard

Appellant

Simon Mariki

Appellant

David Geofrey

Appellant

Daniel Kavishe

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the identification of the accused was sufficient and watertight
  2. 2 Whether the evidence was properly recorded in compliance with section 210 of the Criminal Procedure Act

Ratio Decidendi

The circumstances at the scene of the crime did not allow for watertight identification of the accused, and the evidence was not properly recorded as required by law. Therefore, the convictions could not stand.

Court Disposition

appeal allowed

Orders

  • Convictions quashed
  • Sentences set aside