shabani bakari vs republic 2015 tzca 164 28 may 2015
The conviction was unsafe because the prosecution witnesses failed to describe the intensity and, in some cases, the source of light that enabled them to identify the appellant at night, raising doubt about the correctness of the identification.
- Citation
- shabani bakari vs republic 2015 tzca 164 28 may 2015
- Parties
- Appellant: Shabani Bakari; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 May 2015
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Armed Robbery, Visual Identification, Standard of Proof, Appellate Review
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Shabani Bakari
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the appellant was correctly identified at the scene of crime
- 2 Whether the conviction was safe based on the evidence of identification
Ratio Decidendi
The conviction was unsafe because the prosecution witnesses failed to describe the intensity and, in some cases, the source of light that enabled them to identify the appellant at night, raising doubt about the correctness of the identification.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
Judgment text and source record
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