Twalibu Omary Juma versus The Republic; Criminal Appeal No. 262 of 2014; Court of Appeal of Tanzania at Arusha(Unreported)
- Criminal Procedure
- Cautioned statement – Cautioned Statement recorded out of the prescribed time – Effect
- Evidence
- Doctrine of recent possession – How does it apply?
Held:-
(i) Cautioned Statement recorded beyond the basic period prescribed under section 50(1) (a) of the CPA without evidence of extension of time is illegal and should not be admitted in evidence.
(ii) The doctrine of recent possession operates on the basis that unexplained possession by an accused person of the fruits of a crime recently after it has been committed is presumptive evidence against the person in their possession not only for the charge of theft but also, for any other offence however serious.
(iii) In applying the doctrine of recent possession, the presumption of guilt can only arise where there is cogent proof that the stolen thing possessed by the accused is the one that was stolen during the commission of the offence charged, and no doubt, it is the prosecution who assumes the burden of proof.
(iv) Proof that the stolen thing possessed by the accused is the one that was stolen during the commission of the offence charged could be guaranteed by evidence on a proper account of the chain of custody of the stolen thing found in possession of the accused person. The absence of a proper account of the claim of custody of exhibits leave open the possibility of those exhibits being concocted or planted.