Charles Mato Isangara and 2 Others versus The Republic; Criminal Appeal No.308 of 2013: Court of Appeal of Tanzania at Mwanza (Unreported)
- Evidence
- Doctrine of recent possession- condition for invocation of the doctrine.
Held:-
(i) Before a court can rely on the doctrine of recent possession as a basis of conviction in a criminal case it must positively be proved, first, that the property was found with the suspect, secondly, that the property positively the property of the complainant; thirdly, that the property was stolen from the complainant, and lastly, that the property was recently stolen from the complainant.
(ii) In order to prove possession, there must be acceptable evidence as to search of the suspect and recovery of the allegedly stolen property and any discredited evidence on the same cannot suffice no matter from how many witnesses.
(iii) In order to invoke the doctrine of recent possession, it must be proved that the suspect had either actual or constructive possession of the stolen items.