Hassan Mawazo versus The Republic; Criminal Appeal No 11 of 2011: Court of Appeal of Tanzania at Mtwara (Unreported).
- Appeals
- Appeals to the Court of Appeal – Jurisdiction of the Court of Appeal on second appeal.
- Evidence
- Witnesses – Ability of witness to name a suspect.
- Alibi – Burden of Proof of alibi .
- Burden of proof – Burden of proof in criminal cases.
Held:-
(i) In second appeal, the jurisdiction of the Court of Appeal to interfere with the concurrent findings of facts arrived at by the two courts below is limited to issues/questions of law. However, the Court of Appeal can interfere if it is shown that there has been a misapprehension of the substance, nature and quality of the evidence by the courts below resulting in an unfair conviction.
(ii) The ability of a witness to name a suspect at the earliest opportunity is an important assurance of his reliability, in the same way as unexplained delay or complete failure to do so should put a prudent court to inquiry.
(iii) When an accused person raises a defence of alibi, he does not assume the duty of proving it. It will suffice to earn him an acquittal if it introduces reasonable doubts into the mind of the court.
(iv) It is a legal principle, in criminal cases, that the burden of proof lies with the prosecution side unless the law otherwise directs and that the accused has no duty of prove his innocence.