Tundu Kisunga versus The Republic; Criminal Appeal No. 117 of 2014; Court of Appeal of Tanzania at Mwanza (Unreported).
- Criminal Procedure
- Charge – particulars of the charge do not state detailed description of alleged stolen item – effect
- Plea of guilty – charge does not describe particulars of stolen items – effect.
Held:-
(i) It is now settled that a detailed description of the alleged stolen items is necessary in making sure that the case of theft or armed robbery has been proved beyond reasonable doubt.
(ii) In such cases description of specific mark to any property alleged stolen should always be given first by the alleged owner before being shown and allowed to tender them as exhibits.
(iii) In the absence of or lack of a detailed description of the alleged stolen items in the charge sheet, any purported plea of guilty is imperfect. That is, the plea cannot be said to be unequivocal.