Juma Magori @ Patrick and 4 Others versus The Republic; Criminal Appeal No 328 of 2014; Court of Appeal of Tanzania at Mwanza (Unreported).
- Evidence
- Identification – dock identification – when relevant?
- Alibi – defence of alibi- notice must be given.
- Confession-confessional statement – when it can be relied upon?
- Confessions – confessional statements of accuseds differ –effect.
Held:-
(i) In law, dock identification strictly means the identification of a suspect / accused who was previously unknown to the witness in the court while giving evidence.
(ii) There is no form of notice of alibi described by law but the notice must furnish sufficient particulars of the alibi so as to enable the prosecution to verify the truth of those particulars and if necessary assemble evidence in rebuttal, and that the notice should be given before the main hearing.
(iii) It is trite law that for a confessional statement to be proof of commission of an offence by its maker, it must not only have been made freely and voluntarily but must also be true.
(iv) When confessional statements given by different accuseds differ, the court shall accord no weight at all to them.