Ally Mbelwa versus The Republic; Criminal Appeal No 109 of 2015; Court of Appeal of Tanzania at Tanga (Unreported).
- Evidence
- Doctrine of recent possession- when it can be invoked.
- Cautioned statement – statement recorded beyond the prescribed time of four hours after arrest – no objection from defence – whether properly admitted.
- Sentencing – resident magistrate imposes sentence exceeding five years for an offence that does not fall under the Minimum Sentences Act-Effect
Held:-
(i) The doctrine of recent possession can only be invoked if it is shown through evidence to the satisfaction of the court, inter alia, the place where the alleged stolen property was retrieved, in whose possession was found, the complainant to positively identify the property by special marks as opposed to bare assertion.
(ii) A cautioned statement taken beyond the prescribed time of four hours after arrest as provided for under section 50 of the CPA is inadmissible in evidence notwithstanding the fact that it was not objected by defence.
(iii) When an offence does not fall under the minimum sentences a trial resident magistrate has no power to impose a sentence of imprisonment for period exceeding five years.