vii. The causal connection between the Applicant and the
alleged recently stolen goods, thus the invocation of the
doctrine of recent possession26 to link him to the crime. In his
memorandum of appeal to the High Court at Moshi, vide
Criminal Appeal Number 82 of 1998, the Applicant contends
that there is no traceability to him, of the items alleged to have
been stolen from Mr. William Mika, as these could have been
obtained from any motor spares shop. He states that he was
at the shop of Prosecution Witness 2, Mr. Fredrick Martin
Minja, to collect money that one Mr. Kipisi owed him and not
that he was there to sell the alleged stolen items. He alleges
that Mr. Kipisi was selling some items to Mr. Minja then Mr.
Kipisi would pay him back from the money he received from
Mr. Minja.
126. The Respondent contends that the Applicant is put to strict
proof regarding the above allegations. The Respondent also
contends that the Applicant was lawfully charged with the offence of
armed robbery and that the trial courts had jurisdiction to try the
matter. The Respondent further states that these are matters that are
not within the purview of this Court because the Court of Appeal of
Tanzania, being the final court of appeal has already adjudicated
upon them.
26
This doctrine relates to a common law principle applied where an accused person is
in possession of property which has been recently stolen and the accused either gives
no explanation as to how he came to have it, or gives an explanation which could not
reasonably be true thus the conclusion that he stole it or that he received it knowing it
to be stolen.
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières