Masana Marwa versus The Republic; Criminal Appeal No 229 of 2012: Court of Appeal of Tanzania at Dar es Salaam (Unreported).
- Evidence
- Identification – Visual identification – under what circumstances it can be relied upon?
- Identification – visual identification-intensity of light must be explained by witnesses.
Held:-
(i) The evidence in every case where visual identification is what is relied on must be subjected to careful scrutiny, due regard being paid to all the prevailing conditions to see if, in all the circumstances, there was really sure opportunity and convincing ability to identify the person correctly and that every reasonable possibility of error has been dispelled. There could be a mistake in the identification notwithstanding the honest belief of an otherwise truthful identifying witness.
(ii) It is not sufficient to make bare assertions that there was light at the scene of the crime. Witness must give sufficient details of the intensity and size of the area illuminated.