19830126 TZHC Tanga1
The conviction was unsafe due to unreliable identification evidence in difficult circumstances and the trial magistrate's failure to comply with statutory requirements regarding the child witness.
- Citation
- 19830126 TZHC Tanga1
- Parties
- Appellant: Selemani Mjssa; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 26 January 1983
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Robbery, Identification Evidence, Child Witness, Standard of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Parties
Selemani Mjssa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the identification of the accused was sufficient to sustain a conviction for robbery with violence
Ratio Decidendi
The conviction was unsafe due to unreliable identification evidence in difficult circumstances and the trial magistrate's failure to comply with statutory requirements regarding the child witness.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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