Ally Mohamed Mwaya versus The Republic; Criminal Appeal No. 214 of 2011: Court of Appeal of Tanzania at Dar es Salaam (Unreported)
- Criminal Law
- Common intention – whether participants on the commission of an offence are all responsible when common intention was formed.
- Evidence
- Exhibit – Tendering of an object in court as an exhibit – procedure
Held:-
(i) When two or more persons form an intention to prosecute an unlawful purpose conjointly and in the prosecution of which an offence is committed of such a nature that its commission was a probable consequence, each of them is deemed to have committed the offence.
(ii) The well established practice pertaining to the tendering of an exhibit is that wherever an object is intended to be tendered as exhibit, it should first be cleared for tendering, inter alia, asking the accused whether he has any objection. If an objection is raised, the court should look into it and make a finding whether to admit it or otherwise.