20140315 TZCA Tabora 2

20140315 TZCA Tabora 2

The dying declaration was corroborated by the extra-judicial confession and medical evidence; the confession was properly admitted and could be relied upon for conviction. The grounds of appeal lacked merit.

Citation
20140315 TZCA Tabora 2
Parties
Appellant: Tembo Hussein; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 March 2014
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence of Death for Murder
Outcome
Appeal dismissed
Legal Topics
Murder, Dying Declaration, Confession, Evidence, Appeal Procedure
Source Language
English

Case Brief

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Parties

Tembo Hussein

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence of Death for Murder

  1. 1 Whether the appellant was positively identified as the assailant
  2. 2 Whether the dying declaration was sufficiently corroborated
  3. 3 Whether the retracted confession could be relied upon for conviction

Ratio Decidendi

The dying declaration was corroborated by the extra-judicial confession and medical evidence; the confession was properly admitted and could be relied upon for conviction. The grounds of appeal lacked merit.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence of death upheld