Tumaini Mtayomba versus The Republic

Tumaini Mtayomba versus The Republic; Criminal Appeal No. 217 of 2002; Court of Appeal of Tanzania at Mwanza (Unreported).

• Criminal Procedure

• Appeals – When the Court of Appeal may interfere with matters of facts?

• Evidence

• PF 3 – What are the rights of accused when tendered?

Held:-

(i) The long established principle of the law in dealing with a second appeal is that the Court of Appeal rarely interferes with concurrent findings of fact by the courts below, because an appeal lies to the Court on a point of law.  The court interferes in cases where there are misdirections or non –directions on the evidence to make its own findings.

(ii) When PF 3 is admitted in evidence, the Court should inform the accused on his right to have the doctor called for cross-examination.  Failure to do so the evidence should not be used to convict the accused person.