Magesa Chacha Nyakibali and Another versus The Republic; Criminal Appeal No. 307 of 2013: Court of Appeal of Tanzania at Mwanza (Unreported).
- Criminal Law
- Armed robbery – What are the essential elements?
- Criminal Procedure
- Charge – Charge does not disclose the essential elements of offence – Effect
- Evidence
- Doctrine of recent possession – When applicable?
Held:-
(i)The threat “to use actual violence to any person or property (the victim should be named) are very important ingredients of the offence of armed robbery.
(ii) It is now trite law that the particulars of the charge shall disclose the essential elements or ingredients of the offence. This requirement hinges on the basic rules of criminal law and evidence to the effect that the prosecution has to prove that the accused committed the actus reus of the offence with the necessary mens rea. Accordingly, the particulars, in order to give the accused a fair trial in enabling him to prepare his defence, must allege the essential facts of the offence and any intent specifically required by law.
(iii) Before a court of law can rely on the doctrine of recent possession as a basic of conviction in a criminal case, it must positional be proved, first that the property was found with the suspect: secondly, that the property is positively the property of the complainant: thirdly that the property was stolen from the complainant and lastly that the property was recently stolen from the complainant. In order to prove possession there must be acceptable evidence as to search of the suspect and recovery of the alleged stolen property, and any discredited evidence on the same cannot suffice, no matter from how many witnesses.