19771003 TZHC Dodoma 1

19771003 TZHC Dodoma 1

Conviction of 3rd, 4th, 5th, and 6th accused unsafe due to unreliable identification and delay in naming; conviction of 1st and 2nd accused sustained based on corroborative evidence from Pw.2 and admissions made to him.

Citation
19771003 TZHC Dodoma 1
Parties
Appellant: Paulo S Nyengo; Appellant: Jackson Lazaro; Appellant: Sijil Kanejca; Appellant: Balinoti Jgonde; Appellant: M. Sisill Kisluni; Appellant: Lemjtya Kiteni; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 October 1977
Procedural Posture
Criminal Appeal / Judgment
Outcome
Conviction of 3rd, 4th, 5th, and 6th accused set aside and they are acquitted; conviction of 1st and 2nd accused upheld; appeals of 1st and 2nd accused dismissed.
Legal Topics
Attempted Robbery, Grievous Harm, Identification Evidence, Appeal, Conviction, Acquittal
Source Language
English
Criminal Law Attempted Robbery Grievous Harm Identification Evidence Appeal Conviction Acquittal

Case Brief

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Parties

Paulo S Nyengo

Appellant

Jackson Lazaro

Appellant

Sijil Kanejca

Appellant

Balinoti Jgonde

Appellant

M. Sisill Kisluni

Appellant

Lemjtya Kiteni

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the identification evidence was sufficient to sustain conviction
  2. 2 Whether the delay and inconsistency in naming accused undermined prosecution case
  3. 3 Whether the evidence of Pw.2 was credible and corroborative

Ratio Decidendi

Conviction of 3rd, 4th, 5th, and 6th accused unsafe due to unreliable identification and delay in naming; conviction of 1st and 2nd accused sustained based on corroborative evidence from Pw.2 and admissions made to him.

Court Disposition

Conviction of 3rd, 4th, 5th, and 6th accused set aside and they are acquitted; conviction of 1st and 2nd accused upheld; appeals of 1st and 2nd accused dismissed.

Orders

  • 3rd, 4th, 5th, and 6th accused to be released unless lawfully detained for other reasons.
  • 1st and 2nd accused to be called up for sentence on a date to be fixed by District Registrar.