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Criminal Law [1940] EACA 16

Rex v Kurji

Rex v Kurji (Criminal Appeal No. 55 of 1940) [1940] EACA 16 (1 January 1940)

The court held that the evidence of the assault on the deceased's brother was admissible as part of the res gestae because the two acts were so closely connected as to form part of the same transaction. The utterances and actions of the accused immediately before the murder were relevant to establishing motive and opportunity. The court further found that the admission of the two prosecution witnesses was proper under the proviso to section 284 of the Zanzibar Criminal Procedure Code, as the prosecution only became aware of their evidence on the day they were called. Even if the admission had…

  • Admissibility Of Evidence
  • Res Gestae
  • Murder
  • Criminal Procedure
  • Witness Testimony
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