Recent Posts

6/recent/ticker-posts

R. v. Chacha Crim. Rev. 43-M-71; 13/10/71; Jonathan Ag. J.



R. v. Chacha Crim. Rev. 43-M-71; 13/10/71; Jonathan Ag. J.

            The accused with two others were charged with stealing c/s 265 of the Penal Code. One of the original accuseds was acquitted on appear. The conviction of the accused was based on the testimony of the co-accused who was acquitted on appeal.

                        Held: (1) “There was every necessity for the trial court to warn itself of the danger of convicting Marwa on his co-accused’s account. The court should have appreciated that the prosecution relied virtually solely on the word of Chacha whose account as to the fate of the money was, at best, doubtful. The court made a specific finding that Marwa did not run as Chach had alleged. That should have been a further reason for not acting on Chacha’s allegation unless if was substantially corroborated. The fact that Marwa said that Chacha had called him to Shinyanga, was not in my view, such corroboration.” (2) Conviction quashed.

Post a Comment

0 Comments