See. What is the value of a confession? This witness had never had face to face conversation with the accused and the accused raised the defense of alibi. Intention is relevant in criminal and civil cases, for example threats before the actual commission of an offense may reflect an intention. The appellant was charged with and convicted of theft mainly based on circumstantial evidence. There must be a caution administered. c)      If it refers to a fact that could be perceived, by any other sense or in any other manner, must be the evidence of a witness who says he or she perceived it in that sense or any other manner. Once an accused gives evidence that he is of a good character or asks questions to show him as such, then he is said to have put his character in issue, in other words the issue of his good character can be determined by allowing the prosecution to say that he is a person of bad character. Again, since they are made in the ordinary course of business, the person makes them truthfully. It was stated that the deceased must have lost all hope of living that if at least he had a chance however remote, then it cannot be admitted. Court held that there is no rule that a court cannot act on a retracted or repudiated confession unless corroborated in a material particular. 6 of 1967 5 of 1971 9 of 1980 4 of 1998 21 of 2002 15 of 2007 CHAPTER I PRELIMINARY PROVISIONS Short title 1. On why evidence of a confession against co accused is evidence of the weakest kind, see. It is established law that a retracted confession will not normally support a conviction unless it is corroborated by other evidence but the court may do so if it was fully satisfied with the circumstances that the confession is true. 1. The trail judge of the lower court was of the view that air travel is very rapid and so the witness could fly in and the cost and inconvenience of bringing the witness form the United Kingdom would not be great in this era of quite inexpensive travel. For this purpose the choice of the laws of a country shall be understood to refer to the substantive laws of that country and not to its conflict of laws rules. Persons who do not have any business at the parade should be excluded. Parliamentary Business . 6 R.E 2019 An Act to declare the law of evidence. A period of six months had elapsed thus court had rejected a statement made as a cause of fear to the deceased holding that there must be a proximate relationship between the statement made and the death itself. Thus while the general rule is that opinion evidence is inadmissible, there are some instances where it can be admitted as an exception between the general rule and this is provided for in section 43 – 49 of the Evidence Act. 3. Facts not otherwise relevant are relevant if they are; a)      Inconsistent with any fact in issue or relevant facts. Court further stated that it has been court’s mandate to exclude hearsay evidence from the proceedings right from the beginning but in practice parties have a duty to raise objections against certain evidence and where they fail to do so, they may be deemed to have waived their rights. E-evidence is admissible in Tanzanian Courts. Immediately afterwards, he was seen in the go down of an immediate shop standing over the deceased holding a dagger. (1) Subject to the provi~ions of any othe~ Jaw, hearsay evidence shall not be admitted as evidence at criminal or civil proceedings, unless-(a) each party against whom the evidence is to be adduced agrees to the e)      Facts that show a relationship of the parties. <> Under section 49, before an opinion is admitted the grounds on which it formed are relevant. Evidence showed that the deceased as was being served with a drink at a party was called away by the accused towards the trading Centre where he was attacked by the accused along with others and dragged near the bush and was never seen again. Medical evidence showed that the deceased suffered a ruptured uterus and on the evidence of the doctor showed that the rapture could have been caused by violence or trauma on the abdomen on being hurt. Mandate Functions Vision and Mission Structure Office of the Clerk Administration History Compositon. ii)                  The identifying person must have had a settled impression in his or her mind. Court rejected this statement on grounds that it could not establish the relationship of family descent. It is also necessary before drawing the inference of guilt drawing on circumstantial evidence to be sure that there are no co existing facts which would weaken or destroy the inference. i)                    The maker must have died. The rule is much narrower in its scope than the term opinion in its ordinary sense. When a statement is made by a person as the cause of his or her death or as any of the circumstances of the transaction which resulted into his or her death, in cases in which the cause of death of that person comes into question and the statements are relevant whether the person who made them was or was not at the time when they were made of eth proceeding which the cause of his or her death comes into question. This Act may be cited as the Evidence Act. Home; About Us . The purpose of a trial within a trial is to decide upon the evidence of both sides whether the confession should be admitted. Repudiation means that the accused denies having made the statement. However, such evidence is admitted as an exception to the hearsay rule under section 30 of the Evidence Act. Court held that it is established law that when the admissibility of an extra judicial statement is challenged, then the accused must be given a chance to establish by evidence his or her grounds of objection through a trial within a trial. Where the confession by one person is proved, found relevant and as an indication of implicating another (co accused) such confession may be considered against both. He raised the defense of alibi and argued that evidence of identification was unsafe or unsustainable. 4 0 obj The deceased’s body and some money belonging to the deceased were discovered on the information obtained from the appellant. <> His statement was incompetent as a dying declaration because the maker was not capable of giving evidence in court as a witness. ii)   Where a witness says that a part from visual identification of the suspect, he has also been identified by voice, the witness should be allowed to confirm that. iii)                The mental picture that a person has at the time of identification must be the same as when he or she saw the accused and should not be tainted with opinions of third parties or by other factors. Court gave the rationale of the changes in the law on who can take a confession as follows; “the law was changed because there were frequent submissions some made without justification that some confessions had been obtained by police officers by intimidation or even force. Atom There were two accused persons. Expert evidence is not binding on court. The issue before court was the defendant’s date of birth and for him to prove his infancy he brought an affidavit sworn by his father in another matter where he had put down the date of birth of the defendant. The accused raised the defense of alibi and it was held that where the accused raises an alibi, he doesn’t thereby assume the burden to prove it, the burden rests on the prosecution to disprove or destroy that the evidence against the accused was purely circumstantial and did not irresistibly point to the guilt of eth accused because there are other co-existing circumstances which would weaken or destroy the inference. Identification is an expression of opinion that a thing or person resembles another thing or person so much so that it is likely to be the same person or thing. Please sign in or register to post comments. Despite the existence of reasons which justify the exclusion of hearsay evidence, there are situations where practice has shown that wholly excluding such evidence could be unfair and would lead to injustice. 56 4. The evidence against co accused means evidence which support the prosecution’s case against co accused in a material respect, or which undermines the defence of co accused, it also means positive evidence which would rationally have to be included in any summary of evidence in which the case which if accepted would warrant conviction of co accused. This was a suit for the price of goods sold. In the 1991 amendment, it was made a requirement that a confession be made to a police officer in the presence of a magistrate. Careful notes should be made after each witness has been to the parade recording whether the witness identified the accused or not and other circumstances. University of South Wales. This is provided for under section 15 which provides that, when there is a question of whether a particular act was done, the existence of nay course of business according to which it naturally could have been done is a relevant fact. The appellant was convicted of indecent physical assault of a girl under the age of four. See section 26 of the Evidence Act. Section 43 of the Evidence Act provides for opinion of experts according to which court has to form an opinion upon a pint in foreign law or of science or art or as to identity of handwriting or finger impressions. Simple contracts Simple contracts depend on the presence of consideration, and as a rule they need be made in no special form. On sufficiency of corroboration, court held that the repetition of a dying declaration by different witnesses is not enough corroboration. This relates to conspiracy where two or more persons agree to commit a crime it becomes a crime at the time of agreement under this section. For example, burglary and house breaking. It was held that where evidence is circumstantial in order to justify an inference of guilt. Court held that subject to certain exceptions, it is very vital that a fact may be proved by the testimony of a single witness but this rule does not lessen the need for testing with the greatest of care. Under this provision, evidence of which a state of mind can be inferred is often and therefore is admissible under section 13. endobj Later, the law was further amended to read as follows; “No person shall make a confession while he or she is the custody of a police officer shall be proved against such persons unless it’s made in the immediate presence of; a)      Police officers at or above the rank of Assistant Police Inspector. It was also established that on previous occasion other mistresses had died in similar circumstances after making favorable financial statements to the appellant, it was held that those past similar acts could be admitted to show that the death was not an accident. According to section 30(b), when the statement was made by such a person in the ordinary course of business and in particular when it consists of any entry or memorandum made by him or her in books kept in the ordinary course of business or in the discharge of professional duty or on acknowledgement written or signed by him or her of the receipt of money, where securities or property of any kind or of a document used in commerce written or signed by him or her or of the date of a letter or other document usually dated, written or signed by him or her. The prosecution must negative the alibi by evidence adduced before the defense is put forward or by calling witnesses to give evidence in rebuttal. There is a possibility of mistaken identity by voice where it is claimed that a person has been identified. ENVIRONMENTAL LAW AND INSTITUTIONS IN TANZANIA ‘Environmental law’ is a new term in Tanzania, although some of the many concepts in environmental law have existed since the birth of the nation and earlier. The Law School of Tanzania (the School) was established by the Law School of Tanzania Act 2007 (the Act) that came into force on 2nd May 2007. The issue on appeal was whether the seven counts could have been admitted/proved and it was held that as regards the eighth breaking evidence of the previous seven breakings would have to be excluded because they occurred at a time when it hadn’t been proved that he was near the office. Section 9 of the Evidence Act provides that where there is a reasonable ground to believe that two or more persons have conspired together commit an offence or an actionable wrong, anything said, done or written by anyone of those persons in reference to their common intention, after the time when that intention was first entertained by anyone of those persons is a relevant fact as against each of the persons believed to be conspiring as well as for the purpose of proving the existence of the conspiracy and for the purpose of showing that any such person was party to it. When he was arrested, he was told by the authorities; “confess and your punishment will be light.” At which point he confessed and the confession was used against him at the trial. This is provided for under section 14 which states that when there is a question of whether an act was accidental or intentional or done with a particular knowledge or intention, the fact that such an act formed part of a series of similar occurrences in each of which the person doing the act was concerned, is relevant. The accused was inducted for willful wounding. Court said that they could not base a conviction on a dying declaration unless it was satisfied that the declaration was truthful and satisfactorily corroborated. An initial article, published in the Boston University International Law Journal, examines both the British colonial origin and inconsistent modern application of Tanzania’s evidence rules and then identifies functional realities of the nation’s judicial system that must be considered in adopting any potential reform, many gleaned from the authors’ interviews and observations in Tanzania. It was held that evidence of a confession against co accused is not only accomplice evidence but is also evidence of the weakest kind and can only be used as tending assurance for other evidence against the co accused. For the distinction between retracted and repudiated confession, Court held that the basic distinction between a retracted and a repudiated confession is that a retracted confession occurs when the accused person admits that he made the statements recorded but now seeks to take back what he said generally on the grounds that he had been forced or induced to make the statement. It was alleged that on the day the deceased died, the accused had picked him from his house and taken him away and his bullet ridden body was found the following day. The accused was indicted on account of robbery and kidnapping with intent to murder. They thus held that the judge misdirected himself in dismissing the application that he should have been granted both on the ground of inconvenience and expense and on the ground that the court would not be likely to derive any advantage from the presence of the witness. The appellant was indicted for the murder of a mistress who was found drowned in a bath tab, it had been made to look like he died in an epileptic fit. An accused person may be cross-examined as to his claims of good character in any evidence he has given in chief and that a result of such cross-examination can prove his bad character and that they are a way of testing his velocity that such accused past record can be put in evidence, but this should be the whole of the accused’s past life, mere suspicion that someone has ever committed a crime is not enough and it is not relevant to establish his bad character and this is not enough to deny him his claim of good character. During the conduct of the parade the accused should be asked whether he is satisfied how the parade is being conducted where it is fairly conducted and a note of his reply should be made. That she had first been raped before being strangled and graduated tax tickets belonging to eth accused were found some meters from the body and the accused upon arrest was found wearing blood stained trousers. The law of evidence is defined as the body of legal rules that determines whether (and how) evidence can be adduced. Acts Bills Hansards Order Papers Resolutions Minister's Statement Member's Private … The material considerations in determining whether such evidence has been given is the effect of the evidence in the minds of the court and this is an objective test. It is therefore assumed that there is a transaction in issue or a principal fact. Court said that a dying declaration is admissible evidence but caution must be taken when relying on it to convict because such evidence lacks cross examination. Fro this reason therefore, common law developed a series of exceptions to the rule against hearsay and many of these have been codified in the Evidence Act. Under section 45, when the court has to form an opinion as to the person by whom any document was written or signed, the opinion of nay person acquainted with the handwriting of a person by whom it is supposed to be written or signed but it was or was not written by that person is a relevant fact. Academic year. It was held that in assessing evidence of the witness and the reliance to be placed upon it, his consistency or inconsistency is a relevant consideration. As seen in section 54, if bad character evidence is to be adduced, it must be; evidence of reputation, it must also be shown that a substantial part of a community holds that view. The law of evidence doesn’t come under the purview of substantive or procedural law, but under ‘adjective law’, which defines the pleading and procedure via which substantive laws are brought into practice. Oral evidence or testimony is evidence given by witnesses. i)     Where an identification parade is to be carried out, the requirement in respect to the members of the parade is subject; they should be of the same age, height, appearance, class of life as the suspect and not that they should be identical. Court said that may be court might take judicial notice of the distance between Nairobi and The Hague and inferred that bringing of a witness to Nairobi from The Hague in relation to this particular case would be unreasonable. These are facts which have an element of showing how a particular fact is brought about. Here, there are two facts under investigation; a)      Act done which is being investigated. The accused must be informed that he may have a lawyer present. What constitute res gestae are those other facts that are in relationship with the fact in issue. On the issue of whether that amounted to inducement by a person in authority, it was held that it made no difference that the defendant and not the police officer had raised the question of bail but the statement was made as a result of an inducement by a person in authority. It was held that identification parades are as a practice held in cases where the suspect is a stranger to the witness possibly where the witness does not know the name of the accused. ( University of Dar es Salaam. O’Brien submitted himself for trial but Jensen fled the country. Section 47 states that opinions as to usages or tenets of anybody of men or family or opinion as to the constitution or government or of any religious or charitable foundation or opinions as to the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon are relevant facts. Normally, the time at which a particular crime is committed may not be material although there are instances where time is important to establish an element of time. Another example of inconsistency is the fact of impotence especially where there is an allegation of rape or allied offences. It should not have been in anticipation of its use in court. It was held that before a conviction is entered on a case mainly based on circumstantial evidence, court should first find in interlocutory facts are incompatible with the explanations on any other reason/hypothesis other than that of guilt. Facts which are the occasion, cause or effect of the facts in issue, Facts which show motive, preparation, previous or subsequent conduct, Facts which show the state of mind or bodily feeling, Facts which are evidence of similar facts or occurrences, Facts which show the ordinary course of business. Two days before the deceased was burnt to death, she had made a statement to her head man that the accused had threatened to burn her in her house because she had caused the death of her father by witchcraft. Counsel applied that evidence be admitted by way of exception instead of bringing a witness form Switzerland to confirm that he sold the watches to the appellant, court said that it might have been better if the learned magistrate had had evidence before him of the conditions which made section 30 of the Evidence Act applicable. The general rule is that opinions of inferences as to the existence of facts in issue or relevant facts are inadmissible. If evidence is relayed to show that he or she was not around at the time of the crime, then that fact contradicts the presumption and is relevant. The appellant was charged with murder. The person may bring about particular acts or commit particular facts because of his or her state of mind. Court stated that the rules regarding hearsay have been adopted to guard against the manifest danger to human life that is so liable to arise from the admission as evidence of declarations made not under the sanction of an oath and not offering to the party affected by them an opportunity of cross examination. It is therefore assumed that there is a … See. At the trial, evidence of an officer in command was admitted that ten to fifteen minutes after the murder, he had said to the appellant who was then in custody; “why have you done such a senseless act?” a question to which he replied, “some three or four days he has been abusing me, without doubt, I killed him.” The issue was whether this confession was voluntary. Court held that the reason why this evidence is considered evidence of the weakest kind is that it is not only hearsay but it is also evidence of such a nature that the accused cannot test its worth in cross examination of the maker against him. The person taking down the confession should also sign the date of the confession and if it is a magistrate, it may be prudent that they use a court seal. ... judges’ notes on proceedings were transcribed by typists. No person shall be convicted of an offense under paragraph 1unless of confession made under that paragraph is corroborated by material evidence supporting the confession implicating that person. “Do not take opinion evidence on its own but take it in relation to other facts.” See. Per section 29 of the Evidence Act, notwithstanding sections 23 and 24, when any fact is deposed to as discovered in consequence of information received from a person of any offence, so much of that information, whether it amounts to a confession or not as relates distinctly to the facts thereby discovered may be proved. This was consistent with the violence meted out by the accused to the deceased. However, indeed as any other rule, that rule has exceptions under which admissibility if character evidence depends on the following; a)      Nature of the case in other words, is it a civil case or a criminal case? Disposition in this case means the tendency of a person to act or behave in a particular way whereas reputation refers to the opinion of members of the public about a particular person. The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. He appealed on the grounds inter alia that on evidence of this lady who herself had not been called in as a witness in court should not have been admitted. Written evidence is evidence in the form of documents. Evidence was also led to show that the deceased’s body had been found about a half a mile from the accused’s residence. The appellant were tried with aggravated robbery. The following day, the police officer said to the accused the following words; “You are going to tell me what you said yesterday but I am not going to force you to do so”. TANZANIA Phone 26043/80/4 Fax 2604082 Email idm@raha.com rKinemo@yahoo(UK) Mobile 0744 310906 * The author of this paper is a Senior Lecturer (Law) at the Mzumbe University. The accused was indicted for murder; evidence was relayed to show that on the evening of the deceased’s death, the accused had been seen in company of eth deceased. Care must be exercised so that the witnesses are not allowed to communicate to each other after they have been to the parade. The new law is intended to ensure that confessions relied on are truly voluntary. b)      If it refers to a fact that could be heard, must be the evidence of a witness who says he or she heard it. Sometimes, a statement may not have value of convicting the maker with regard to the alleged offense but may have the value of assisting the police to discover other crimes. Although the aim of the prisons Act O’Brien and Jensen who were jointly charged for possession of narcotics. Therefore, this medical evidence accorded the necessary corroboration to the dying declaration. Excep- tions. stream This derives from the Latin maxim, “ante litem motum” – declaration must have been made before the dispute arose. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 9 0 R 12 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> These provisions apply to both the prosecution and the accused.in. See. LAW OF EVIDENCE NOTES AND CASES IN TANZANIA, Post Comments Recording See. Court look at the circumstances of the case and the nature of the case, person being threatened to determine whether section 25 will apply or not. The accused was indicted for kidnapping with intent to murder. What exists is a rule of prudence that a court should be cautious to act on such a confession unless it is corroborated in material particulars. Evidence of ordinary witnesses is provided for under sections 45 to 48 of the Evidence Act. A repudiated statement is one which the accused avers that he never made. endobj However, to establish the cause of death [partly by circumstantial evidence, court had to be sure that there were no other co-existing circumstances which would weaken or destroy the inference. Sanity is important in criminal cases to prove guilt or otherwise, it is also relevant to determine whether a person can be party to a trial. Section 8 and 10 are related because the latter generally reviews the facts that are inconsistent with any fact in issue or with the relevant fact. In, The appellant was convicted for manslaughter of a boy for whom he stood in, A series of thefts having common characteristics occurred in an office in an enclosed market at times when the gates were shut and on occasions where the accused police officer was on duty in the market the precise time of only one of those breaking was known and the accused had been found in the immediate vicinity. LAW OF EVIDENCE NOTES AND CASES IN TANZANIA. Evidence showed that police had used a track dog to lead them to eth accused on the scene of the robbery. The Anti-Money Laundering (Electronic Funds Transfer and Cash Transactions Reporting) Regulations, 2019 were published on 24/5/2019 by Government Notice No. Any fact which shows identity of anything is a relevant fact. b)      There is the ordinary or natural way through which it would have been done. You must ascertain the language in which the confession is to be made reason   being, one may require an interpreter. Section 48 states that opinions on relationship are relevant when court has to form an opinion as to the relationship of one person to another the opinion of nay person who is a member of the family or who has special means of knowledge of the subject is relevant. That should be done as a pre caution measure; the whole parade is asked to do those things so that the witness identifies the person. Suffices to say, there are two vital elements of the evidence law that have been applied by legal practitioners in Tanzania without having adequate governing legal provisions in the TEA. Retraction on the other hand means that although the accused admits making the statement, he now wishes to challenge the truthfulness or the voluntariness for that statement. Which shows identity of anything is a transaction in issue or relevant are. Reflect an intention showed that police had used a track dog to lead them to eth accused on the of... 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