Hussein s/o Masudi versus The Republic

Hussein s/o Masudi versus The Republic; Criminal Appeal No. 80 of 2010: Court of Appeal of Tanzania at Tabora (Unreported).

• Evidence

• Doctrine of recent possession – Elements that must be proved.
• Witnesses – the weight of evidence given by an accused person.

Held:-

(i) For the doctrine of recent possession to apply, the prosecution must prove that:-

1. The property was found with the accused;
2. The property is positively that of the complainant;  
3. That the property was recently stolen from the complainant; and
4. The said property constitutes the subject of the charge against the accused.

(ii) The very best of witnesses is an accused who confesses his guilty.