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Tanzania Case Law

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Criminal law republic vs halfan hassan bwire and 3 others 2021 tzhcced 6678 14 december 2021

republic vs halfan hassan bwire and 3 others 2021 tzhcced 6678 14 december 2021

The prosecution proved beyond reasonable doubt that the cautioned statement of the 3rd accused was made voluntarily at Central Police Station, Dar es Salaam, and that procedural defects or discrepancies did not prejudice the accused or vitiate the statement's admissibility.

  • Admissibility of confession
  • Voluntariness of statement
  • Compliance with statutory procedure
  • Burden of proof
  • Police conduct
  • Time limits for recording statements
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Criminal law republic vs paul zaila 2017 tzhc 2033 24 october 2017

republic vs paul zaila 2017 tzhc 2033 24 october 2017

The cautioned statement was recorded outside the statutory period without a magistrate's extension and the reasons for delay were not established in the committal or preliminary hearing records. The prosecution failed to justify the delay or seek extension as required by law. The court declined to exercise discretion under section 169(1) of the CPA, finding all relevant factors weighed against admission. The statement is inadmissible.

  • Admissibility of evidence
  • Cautioned statement
  • Time limits for recording statements
  • Judicial discretion
  • Non-compliance with statutory procedure
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Criminal law Alex Ruling2

Alex Ruling2

The cautioned statement was recorded well beyond the four-hour period after the accused was placed under police restraint, with no reasons provided for the delay as required by law. This non-compliance with sections 50 and 51 of the Criminal Procedure Act renders the statement incompetent and inadmissible.

  • Admissibility of evidence
  • Cautioned statement
  • Time limits for recording statements
  • Compliance with criminal procedure act
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.