20071101 TZCA Dar es Salaam

20071101 TZCA Dar es Salaam

The conviction for murder could not be sustained as it was based solely on an uncorroborated dying declaration whose reliability was in doubt; corroborative evidence was lacking, and the trial judge erred in treating the evidence as sufficiently corroborated.

Citation
20071101 TZCA Dar es Salaam
Parties
Appellant: Onael Dauson Macha; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 November 2007
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence of the High Court of Tanzania at Moshi
Outcome
Appeal allowed; convictions quashed; sentence set aside.
Legal Topics
Murder, Dying Declaration, Burden of Proof, Corroboration of Evidence
Source Language
English
Criminal Law Murder Dying Declaration Burden of Proof Corroboration of Evidence

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Parties

Onael Dauson Macha

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence of the High Court of Tanzania at Moshi

Legal Issues

  1. 1 Whether the conviction for murder could be sustained solely on the basis of an uncorroborated dying declaration
  2. 2 Whether the trial judge improperly shifted the burden of proof to the appellant

Ratio Decidendi

The conviction for murder could not be sustained as it was based solely on an uncorroborated dying declaration whose reliability was in doubt; corroborative evidence was lacking, and the trial judge erred in treating the evidence as sufficiently corroborated.

Court Disposition

Appeal allowed; convictions quashed; sentence set aside.

Orders

  • The appellant is to be released from prison forthwith unless otherwise lawfully held.