Accused was convicted of robbery pc s 286 at the

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Accused was convicted of robbery. [P.C. s. 286] At the trial the prosecution intro- duced a confession allegedly made by accused to a District Council messenger who had arrested him and escorted him to the police station. Held: ( 1) The messenger was exercising the duties of police officer, and as such a confession made to him by accused was inadmissible. (2) The error in admitting the confession occasioned no failure of justice. Appeal dismissed. 100. Issa s/o Jakala v. R., (PC) Crim. App. 228-D-67, 29/1/68, Hamlyn J. Accused was convicted of cattle theft. At the trial, the magistrate did not give ac- cused an opportunity to cross-examine the prosecution witnesses.
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Held: (1) The failure to extend to accused the right of cross examination was a fundamental error, and the conviction cannot stand despite the apparent strength of the prosecution case. (2) If an accused does not desire to cross- examine a particular prosecution witness after he has been given the opportunity to do so, a note to that effect should be embodied in the record. Conviction quashed. (1968)H.C.D. - 35 – 101. Martin Mlasani v. R., Crim. App. 288-A-67, 26/1/68, Seaton J. Accused was convicted of burglary and robbery. There apparently was evidence that a prosecution witness, who was one of the victims of the crime, had given his name to the police the day following the crime, but none of the policemen who were witnesses testified as to this matter. Held: (1) The fact that the witness had identified the accused the day after the crime would have been admissible under section 166 of the Evidence Act if the testimony had been given by an “authority legally competent to investigate” the matter. [Citing Shabani bin Donaldi v. Rex, (1940) 7 E.A.C.A. at P. 60; distin- guishing Wario Wako Kella v. R., E.A.C.A Crim. App. 106 of 1967.] (2) The other evidence of identity in the present case was sufficient to support the conviction. Appeal dismissed. 102. Rajabu s/o Mahanza v. R., Crim. App. 830-D-67, 22/11/67, Duff J. Accused were convicted of arson. There was evidence that they had verbally made indecent advances towards complainant. This was corroborated by a neighbour of complainant. Complainant said that when she refused them, ac- cused threatened to burn her house down. The neighbour did not hear this al- leged threat. Three nights later, complainant’s house was set on fire. At that time complainant alleged that she now at a distance of 40 paces two people running way; whom she identified by their figures and clothes as the two accused.
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Held: While a fact may generally be proved by the testimony of a single witness, this does not lessen the need for testing with the greatest care the evi- dence of such a witness respecting identification, especially when it is known that the conditions under which the identification took place were far from ideal. In such circumstances other evidence, direct or circumstantial, pointing to guilt is required. [Citing Abdallh s/o Wendo v. R., 20 E.A.C.A. 166] Conviction quashed.
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  • Fall '17
  • Dean Majamba

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