ndaisenga so vicent vs republic 2023 tzca 17299 2 june 2023

ndaisenga so vicent vs republic 2023 tzca 17299 2 june 2023

The evidence of PW2, PW3, and PW5 was admitted in violation of sections 246(2) and 289(1) of the CPA, as their statements or substance of evidence was not read at committal nor was written notice given. After expunging this evidence, the remaining evidence was insufficient to sustain the conviction for murder. The conviction and sentence were therefore quashed and set aside.

Citation
ndaisenga so vicent vs republic 2023 tzca 17299 2 june 2023
Parties
Appellant: Ndaisenga s/o Vicent; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 June 2023
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence in High Court
Outcome
appeal allowed; conviction quashed; sentence set aside; appellant ordered released unless otherwise lawfully held
Legal Topics
Murder, Committal Proceedings, Admissibility of Evidence, Witness Competency, Procedural Compliance
Source Language
English
Criminal Law Criminal Procedure Murder Committal Proceedings Admissibility of Evidence Witness Competency Procedural Compliance

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 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Ndaisenga s/o Vicent

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence in High Court

Legal Issues

  1. 1 Whether the evidence of PW2, PW3, and PW5 was properly admitted in compliance with sections 246(2) and 289(1) of the Criminal Procedure Act (CPA)
  2. 2 Whether the remaining evidence was sufficient to sustain the conviction for murder

Ratio Decidendi

The evidence of PW2, PW3, and PW5 was admitted in violation of sections 246(2) and 289(1) of the CPA, as their statements or substance of evidence was not read at committal nor was written notice given. After expunging this evidence, the remaining evidence was insufficient to sustain the conviction for murder. The conviction and sentence were therefore quashed and set aside.

Court Disposition

appeal allowed; conviction quashed; sentence set aside; appellant ordered released unless otherwise lawfully held

Orders

  • Conviction quashed
  • Death sentence set aside