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Tanzania Judgment

TZHC

19840419 TZHC Arusha

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The conviction could not be upheld because the appellant was not properly identified and there was no evidence connecting him to the crime.

Court disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside
  • appellant to be released immediately unless otherwise lawfully held
  • order of compensation against appellant set aside

02

Material facts

Parties

Selestin Jerad

Appellant

The Republic

Respondent Counsel: Mrs. Limo

03

Procedural history

  1. Posture

    Criminal Appeal / Judgment on Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant was not properly identified and there was no evidence linking him to the theft or possession of stolen goods.
Respondent
The State Attorney did not support the conviction, agreeing that the appellant had not been properly identified.

05

Court’s reasoning

  1. 01

    general criminal law principles

    Conviction must be based on proper identification and credible evidence linking the accused to the offence.

06

Ratio, limits and disposition

Ratio decidendi

The conviction could not be upheld because the appellant was not properly identified and there was no evidence connecting him to the crime.

Court disposition

appeal allowed

  • conviction quashed
  • sentence set aside
  • appellant to be released immediately unless otherwise lawfully held
  • order of compensation against appellant set aside

Source and reliance status

TZHC · 19 April 1984

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Judgment reading view

Judgment text

The complete available source text.

Source document

TZHC

Judgment· 19 April 1984

19840419 TZHC Arusha

IN THE HIGH COURT OP TANZANIA ATARUSHA. ; HIGH COTJT CRIMINAL APPEAL NO. 86 1 OF 1979 ORIGINAL CRIMINAL CASE NO. 133 OP 1978 OF, THE DISTRICT COURT OF SAME DISTRICT AT SAME SELESTIN JERAD: . . ........ . . ........ . . . . . . . . . . . . . . . . . . .APPELLA1iT

VERSUS THE REPUBLIC: ................. 3 IJD G M E N T D. N. KAPOO_J. E Appellant was jointl? aarged with two other on a charge of storebreaking and stealing c/s 296(1) and 265 of the penal code. Charge against 3rd accused was withdrawn. Appellant (who was the 2nd accused at the trial ) and 1st accused were convicted and sentenced to 3 years imprisonment. At the hearing of this appeal Mrs. 1imo, Learned State Attorney said she did not support conviction as. appellant had not been properly identified. Facts show that on 16/11/78 one watchman employed by Kilimanjaro Regional TradingCorporation saw some people near KRTC godown. He raised an alarm and. those people ran away. On 18/11/78 two policemen' PW 4 and PW 5 bid themselves near N.A. School and .they saw two pevsons riding a bicycle.' H 4and PW 5 gave chase. Appellsnt ran away and 1st accused was apprehendd. Appellant was later arrestedin his. house. Prosecution alleged that the appellant had been identified by po1icemer with thehelp of a spotlight. There was no evide'nce of anyone seeing the appellant • steal anything from KRTC godown, not, were any' goads found with the appellant. Even i' thepolice officers managed to • identi'y that appellant ws the person riding a bicycle with the 1st accused that in itself isno evidence that appellant ' was' guilty of storebreakin and stealing as charged. I , .... A, -p -. - -2-

; However I am satisfied that the appellant had not been properly identified. I agree with the Learned State Attorney that the conviction of the appellant cannot be upheld. Accordingly I allow this appeal, quash the conviction ' azid. set aside the sentence. I further order sppellant's immediate release from custody unless otherwise lawfully held. Ordei of compensation against the appellant is set aside. D>N e KAPOOR, JUDGE... S 19/4/1984. Delivered in Court in the presence of Mr. Mtingele, A l9/4/l984. DNKJefrm.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Penal Code sections 296(1) and 265

Legislation

Legislation referenced in the available case record.

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