shabani ramadhani ally others vs republic 2015 tzca 191 20 july 2015

shabani ramadhani ally others vs republic 2015 tzca 191 20 july 2015

There was insufficient evidence to establish the charge against the appellants due to unreliable identification, improper conduct of identification parade, improper admission of cautioned statement, and failure to prove recent possession; conviction cannot stand.

Citation
shabani ramadhani ally others vs republic 2015 tzca 191 20 july 2015
Parties
Appellant: Shabani Ramadhani Ally; Appellant: Rashidi Kiwanga; Appellant: Saidi Abdallah Ngabange; Appellant: Ahmada Twaha Mbwana; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 July 2015
Procedural Posture
Criminal Appeal / Court of Appeal, Second Appeal
Outcome
appeal allowed
Legal Topics
Armed Robbery, Visual Identification, Identification Parade, Cautioned Statement, Recent Possession, Burden of Proof
Source Language
English
Criminal Law Armed Robbery Visual Identification Identification Parade Cautioned Statement Recent Possession Burden of Proof

Case Brief

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Parties

Shabani Ramadhani Ally

Appellant

Rashidi Kiwanga

Appellant

Saidi Abdallah Ngabange

Appellant

Ahmada Twaha Mbwana

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal, Second Appeal

Legal Issues

  1. 1 whether evidence of visual identification was sufficient
  2. 2 whether identification parade was properly conducted
  3. 3 whether cautioned statements were properly admitted

Ratio Decidendi

There was insufficient evidence to establish the charge against the appellants due to unreliable identification, improper conduct of identification parade, improper admission of cautioned statement, and failure to prove recent possession; conviction cannot stand.

Court Disposition

appeal allowed

Orders

  • proceedings of High Court and District Court quashed
  • sentences set aside