000506 58. The Court reiterates its position according to which, it held that: ". .. domestic courts enjoy a wide margin of appreciation in evaluating the probative value of a particular evidence, and as an international court, this court cannot take up this role from the domestic courts and investigate the details and particularities of evidence used in domestic proceedings.42 59. The Court notes from the record that the domestic courts examined the evidence tendered by the prosecution and determined that the Applicant's identification by the witnesses was at most, hearsay and that the cautioned statement of the Applicant was not taken lawfully. The domestic courts therefore disregarded the evidence relating to the Applicant's identification and his cautioned statement, since these did not comply with the requirements set down in jurisprudence. The court further notes that the issue was determined in favour of the accused, who is the Applicant before this Court. 60. The Court finds that the manner in which the domestic courts evaluated the evidence relating to the Applicant's identification and the disregarding of his cautioned statement does not disclose any manifest error or miscarriage of justice to the Applicant. The Court therefore dismisses this allegation. ii- Allegation relating to the Applicant's conviction and sentence 61. The Applicant alleges that, in view of the prosecution's evidence on the stolen properties, the court of Appeal ought to have altered his offence from armed robbery to theft and convicted him of this lesser charge which carried a lesser sentence, rather than uphold his conviction for armed robbery and sentence of thirty (30) years' imprisonment. 62. The Applicant adds that the doctrine of recent possession was not properly invoked by the prosecution because the domestic courts did not consider the fact that the Applicant, as a canoe fisherman, could possess the same material that 12 Application No.032/2015. Judgmentof 21103/2018 (Merits), Kijijilsiaga v United Repubticof Tanzania s 65. 17 9 {- V"A"{

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