The Appellant was charged with and convicted of three
offences by the trial court. He appealed to the High Court which upheld the
decision of the trial court. Aggrieved by the decision of the High Court he
further appealed to the Court of Appeal of Tanzania. In the Court of Appeal,
the Appellant contended that, first in recording a caution statement from the
Appellant, section 57 of the Criminal Procedure Act, 1985, was not complied
with. Second, that the caution statement did not amount to confession as the
first appellate court held. Third, that the first appellate court erred when it
held that the repudiation of the caution statement by the Appellant was an
afterthought. Fourth, that the first appellate court erred in holding that
there was corroborative evidence. Finally, in the fifth ground the complaint is
that no reasons were given for disbelieving the defence evidence.