On the proper direction to be given on identification evidence, and the duty of the trial court to warn itself.
2. Full Judgment
Republic of Tanzania
Court of Appeal of Tanzania at Dar es Salaam
[2022] TZCA 318
Republic v. Komba
Neutral Citation:
[2022] TZCA 318
Case Number:
Criminal Appeal No. 31 of 2021
Date of Judgment:
22 July 2022
Judge:
Hon. Justice S. K. Example
JUDGMENT
Introduction
On the proper direction to be given on identification evidence, and the duty of the trial court to warn itself.
The accused denied the charge and the matter proceeded to full hearing.
Background
The prosecution called five witnesses, including the complainant, an investigating officer and a forensic analyst. The defence called two witnesses.
The court has considered the evidence, the submissions of counsel on both sides and the authorities cited, and sets out its findings below.
Analysis
The first question is whether the evidence adduced meets the required standard. The court has reminded itself that the burden rests on the party who asserts, and that it does not shift.
On the second question, the court finds that the evidence of identification was clear, consistent and made in conditions favourable to correct identification.
High Court of Tanzania · Dar es Salaam · 14 June 2024
The court considered whether the respondent's conduct amounted to an offence under section 287A of the Penal Code, and whether the evidence adduced met …
