Jackson s/o Thomas versus The Republic

Jackson s/o Thomas versus The Republic; Criminal Appeal No 229 of 2013: Court of Appeal of Tanzania at Tabora (Unreported)

• Evidence

• Confession – Retracted/Repudiated Confession – It is mandatory to hold trial within trial.

Held:-

Trial Courts have a duty to hold a trial within trial whenever an accused’s confessional statement is either repudiated or retracted before it is admitted in evidence.  Once objection is made by the defence after the trial court has informed the accused of his right to say something in connection with it, which is an unavoidable duty on the part of the court, the trial court must stop everything and proceed to conduct a trial within trial giving each side opportunity to call a witness or witnesses in support of its position.