Evidence – TanzLII

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7 documents

Title	Date
Haji Rashid Makunyila v. Republic (Criminal Appeal 71 of 1979) [1981] TZCA 28 (6 March 1981) Reported Absence of summing-up notes and failure to accept/reject ballistic report did not vitiate applicant's attempted murder conviction. Criminal procedure – trial judge’s record of summing-up to assessors – duty to keep notes; Evidence – ballistics expert report as opinion evidence – judge must consider and accept or reject; Identification corroboration and intent in attempted murder.	Judgment	6 March 1981
Agnes Doris Liundi v. Republic (Criminal Appeal 82 of 1979) [1980] TZCA 106 (10 March 1980) Reported Evidence - Insanity - Mental stress - Letters imply innocence and punishment relating to the killings - Whether appellant did not know what she was doing was, wrong Sentence - Of death - To be passed on one count	Judgment	10 March 1980
John Nyamhanga Bisare v. Republic (Criminal Appeal 29 of 1979) [1979] TZCA 19 (1 December 1979) Reported Criminal Law - Murder - Plea of self-defence - use· of excessive force - Accused honestly and reasonably believed he was defending himself - Whether conviction of murder or manslaughter Criminal Law - Murder - Plea of self-defence - Use of excessive force - Accused honestly and reasonably believed he was defending himself - Test of honest and reasonable belief - subjective Evidence - Onus of proof - Excessive and lethal use of force - Onus rests throughout on the· prosecution Police Force Ordinance - Application to peoples' militia	Judgment	1 December 1979
Ali Salehe Msutu v. Republic (Criminal Appeal 3 of 1979) [1979] TZCA 18 (6 November 1979) Reported Evidence - Alibi - Unsworn statement - No evidence to support alibi Evidence - Confession - Repudiated confession - Whether can support conviction Evidence - Repudiated confession - Requires corroboration as a matter of prudence Evidence - Repudiated confession - Exculpatory statements of co-accused - Cannot corroborate	Judgment	6 November 1979
Republic v Agnes Doris Liundi (Criminal Case 46 of 1978) [1979] TZHC 7 (28 February 1979) Reported Evidence - Defence of Insanity-Borden and Standard of proof Evidence - Insanity - Evidence of medical expert - Court not bound to accept it Insanity - Mental stress - Whether constitutes insanity in law	Judgment	28 February 1979
Yahaya Hussein v. Ohan Transport Ltd. and Another (Civil Case 52 of 1977) [1978] TZHC 5 (29 May 1978) Reported Evidence - Admissibility-Doctor's report - Doctor's personal attendance not possible - Admissibility of doctor's report under s. 34(b) of Evidence Act Evidence - Doctor's report made on request from advocate - Whether report amounts to entry or memorandum in books or record kept in the ordinary course of business or kept in the discharge of professional duty - Construction Tort - Damages - General damages - Approach of assessment-Assessment of general damages under different heads of personal injuries unsatisfactory	Judgment	29 May 1978
Juma Thomas Zangira v. Republic (Criminal Appeal 1 of 1978) [1976] TZHC 4 (20 March 1976) Reported Evidence - Admissibility - Statement made to a police officer - Appellant told justice of the peace the statement he made to the police was enough-Justice of the Peace not shown the statement - Whether such statement can be incorporated in the statement made to justice of the peace - Whether admissible as a confession - Whether admissible -Whether it amounts to an admission or not Criminal Practice and Procedure - Charge - Duplex - Defence clear what the case against appellant was - Whether defect curable - S.346 of the Criminal Procedure Code National Security - Espionage and Sabotage - National Security Act- Foreign agent - Whether the person (John Wilson) with whom appellant was communicating was a "foreign agent" - S.2(1) and s.12(1) of the National Security Act National Security - Espionage - Appellant alleged to have communicated with foreign agent - Whether necessary to prove which particular state or states the alleged agent was working for National Security - Espionage - When presumption under s.12(1) of the National Security Act comes into play - Effect of the presumption National Security - Spying on designated organization - Evidence of communication - No order of exact nature or type of information - Whether information for purposes prejudicial to the safety or interests of a designated organization National Security - Spying on a designated organization - Presumption under s.9(3) of the National Security Act - When it can come into play Criminal Practice and Procedure - Sentencing - Co-operation with police - Conviction based on presumption only - Extent of damage impossible to ascertain - Benefit to appellant	Judgment	20 March 1976