[2021] TZHC 640

Republic v. Mtui

High Court of Tanzania · Mwanza · 18 May 2021

Cite This Case
  • Neutral citation Republic v. Mtui [2021] TZHC 640
  • Full citation Republic v. Mtui, Criminal Session No. 14 of 2020 (High Court of Tanzania, 18 May 2021)
  • Link https://lawreports.online/case/republic-v-mtui/

1. Overview

Headnote

Discussed the elements of robbery with violence and the approach to sentencing under the Penal Code.

2. Full Judgment

Republic of Tanzania

High Court of Tanzania at Mwanza

[2021] TZHC 640

Republic v. Mtui

Neutral Citation:
[2021] TZHC 640
Case Number:
Criminal Session No. 14 of 2020
Date of Judgment:
18 May 2021
Judge:
Hon. Justice A. N. Sample

JUDGMENT

Introduction

  1. Discussed the elements of robbery with violence and the approach to sentencing under the Penal Code.
  2. The accused denied the charge and the matter proceeded to full hearing.

Background

  1. The prosecution called five witnesses, including the complainant, an investigating officer and a forensic analyst. The defence called two witnesses.
  2. The court has considered the evidence, the submissions of counsel on both sides and the authorities cited, and sets out its findings below.

Analysis

  1. 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.
  2. On the second question, the court finds that the evidence of identification was clear, consistent and made in conditions favourable to correct identification.

Citations (0)

Referenced In (1)

Judges

Subject Terms