Francis Fernand Mwacha and 2 Others versus The Republic; Criminal Appeal No. 260 of 2014: Court of Appeal of Tanzania at Arusha (Unreported).
- Evidence
- Identification – Prosecution Case relied on the evidence of visual identification- the principles applicable.
- Identification- visual identification – It is mandatory for witness to describe the intensity of lights.
Held:-
(i) The evidence in every case where visual identification is what is relied on must be subjected to careful scrutiny, due regard being paid to all the prevailing conditions to see if, in all the circumstances, there was really sure opportunity and convincing ability to identify the person correctly and every reasonable possibility of error has been dispelled. There could be a mistake in the identification notwithstanding the honest belief of an otherwise truthful identifying witness.
(ii) In visual identification, a witness should give sufficient details of the intensity of the lamp so that the court can be able to assess whether the conditions prevailing were favourable for correct identification.