Joseph Sera Liumile versus The Republic; Criminal Appeal No. 304 of 2013; Court of Appeal of Tanzania at Mwanza (Unreported).
- Evidence
- Doctrine of recent possession – when it can be invoked?
- Identification – proper procedure for identification of goods in court.
Held:-
(i) Under the doctrine of recent possession, the presumption of guilt can only arise where there is cogent proof that the stolen thing which is possessed by an accused is the very one that was stolen during the commission of the offence charged and, no doubt, it is the prosecution which assumes the burden of such proof irrespective of the event where the accused does not claim ownership of the property.
(ii) The proper procedure for identification of property in court should be; the claimant should describe the item before it is shown to him so that it can be clear to the court when the item is eventually tendered whether or not he was able to identify it. (Cited Nassoro Mohamed v. R (1967) HCD N. 446).