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Tanzania decisions
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The High Court allowed an appeal against a conviction for grave sexual abuse, finding the prosecution failed to prove the case beyond reasonable doubt.
The participation of a Social Welfare Officer in prosecution proceedings before the District Court, where the child was a witness and not an accused, was unauthorized and rendered the proceedings irregular, necessitating nullification of the proceedings, quashing of the conviction and sentence, and ordering a retrial.
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The evidence of the child witnesses was received contrary to mandatory statutory requirements, rendering it illegal and expunged. The remaining evidence was insufficient to sustain a conviction. A retrial was not warranted as it would allow the prosecution to fill evidentiary gaps, contrary to established principles. The conviction and sentence were quashed and the appellant ordered released.
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The Court of Appeal of Tanzania dismissed a criminal appeal against conviction for grave sexual abuse, finding the record and child-witness evidence compliant.
The High Court allowed a criminal appeal, quashing convictions for rape and sexual exploitation of a child after finding material contradictions and unsafe proof.
Second appeal from rape and schoolgirl-impregnation convictions dismissed. The Court upheld the victim’s evidence and refused new factual grounds not raised below.
The conviction was quashed because the child witness's evidence, though properly received under section 127(2) of the Evidence Act, was not tested by cross-examination as required by section 229(3) of the CPA, rendering it unreliable. The remaining evidence was hearsay or insufficient to prove the appellant's guilt beyond reasonable doubt.
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The convictions for incest by male and unnatural offence were quashed because the evidence of the child victim was not properly admitted under oath following a defective voire dire, and was not corroborated by other witnesses. The PF3 medical report did not sufficiently prove the unnatural offence. However, the conviction for assault causing bodily harm was upheld as it was supported by both prosecution and defense evidence, including admissions by the appellant and corroboration by multiple witnesses and the medical report.
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Second appeal in a sexual offence case: conviction upheld on circumstantial evidence, but life sentence was set aside because the appellant’s age was doubtful.
Second criminal appeal upheld conviction for unnatural offence, but the life sentence was set aside because the appellant’s age was uncertain and child sentencing rules applied.
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