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Tanzania decisions
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The High Court held that the accused’s cautioned statement was voluntary and admissible after a trial within trial, overruling the defence objection.
The prosecution proved beyond reasonable doubt that the appellants were found in possession of eight elephant tusks, the chain of custody was sufficiently established, the burden of proof was not improperly shifted, the confession was lawfully obtained and admitted, the valuation was properly conducted by a qualified wildlife officer, and failure to call additional witnesses or tender certain documents did not undermine the prosecution's case.
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The High Court quashed a rape conviction after finding age was not properly determined, the child witness evidence was irregularly received, and a caution statement was inadmissible.
The evidence showed the cautioned statement was recorded within the statutory time, without physical evidence of torture or threat, and contained details only the accused could provide. There was no breach of section 27(3) or section 50(1)(a) of the Evidence Act.
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The evidence established that the cautioned statement was recorded within the statutory four-hour period and there was no credible evidence of torture. The confession was voluntary and lawfully admissible.
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The High Court allowed a rape appeal, finding material contradictions in prosecution evidence and reversing the conviction after excluding an improperly admitted cautioned statement.
High Court criminal appeal over wildlife offences. The court upheld the conviction, expunged one extrajudicial statement, and found possession and dealing proved.
The prosecution proved beyond reasonable doubt that the caution statement was voluntarily made by the accused, as the accused admitted to signing it by thumbprint and there was no credible evidence of involuntariness or coercion. The objection to admissibility was found to be an afterthought and unsupported by the evidence.
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The appeal was dismissed because the trial GCM complied with mandatory procedural requirements, the extra-judicial confession was lawfully admitted, the prosecution proved theft beyond reasonable doubt through corroborated evidence, and the trial GCM provided sufficient reasons for its decision.
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The prosecution proved beyond reasonable doubt that the cautioned statement of the 3rd accused was made voluntarily at Central Police Station, Dar es Salaam, and that procedural defects or discrepancies did not prejudice the accused or vitiate the statement's admissibility.
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