Gerald s/o Bilantatiye and 2 others versus The Republic

Gerald s/o Bilantatiye and 2 others versus The Republic; Criminal Appeal No 416 “B” of 2013:  Court of Appeal of Tanzania at Tabora (Unreported).

• Evidence

• Doctrine of recent possession – what are the elements?
• Confession – repudiated/retracted confession – what the court should do in case confession is retracted/ repudiated?

Held:-

(i) Proof of the ingredients of the doctrine of recent possession depends on the prosecution proving the elements of the doctrine which are:-

1. That the items stolen constituted the subject of the charge against the accused;
2. That the property was found with the suspects; and
3. That the property has been positively identified as the property of the complainants.

(ii) Where the voluntariness of a confessional statement is called into question the trial court must stop everything and proceed to inquire into the voluntariness of the statement.  Failure to do so is fatal.