Crimina Session No

Crimina Session No

The prosecution failed to establish a prima facie case as the key evidence relied upon, a witness statement from an absent witness, was inadmissible and insufficient. None of the prosecution witnesses directly implicated the accused in the commission of the offence.

Citation
Crimina Session No
Parties
Complainant: Republic; Defendant: Riziki Samson William
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Criminal / Ruling on No Case to Answer
Outcome
acquittal
Legal Topics
Murder, Admissibility of Evidence, Prima Facie Case, Acquittal
Source Language
English
Criminal Law Murder Admissibility of Evidence Prima Facie Case Acquittal

Case Brief

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Parties

Republic

Complainant

Riziki Samson William

Defendant

Procedural Posture

Criminal / Ruling on No Case to Answer

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against the accused for murder
  2. 2 Whether exhibit P.3 (witness statement) is admissible and sufficient to support a conviction

Ratio Decidendi

The prosecution failed to establish a prima facie case as the key evidence relied upon, a witness statement from an absent witness, was inadmissible and insufficient. None of the prosecution witnesses directly implicated the accused in the commission of the offence.

Court Disposition

acquittal

Orders

  • The accused Riziki Samson William is acquitted under section 293(1) of the Criminal Procedure Act, Cap. 20 R.E. 2022.