Tanzania Case Law

FADHILI SHAIBU HALIDI Vs

Court

TANZLII

The prosecution proved beyond reasonable doubt all elements of unnatural offence under section 154(1)(a) of the Penal Code, including the victim's age, penetration, and identity of the appellant. Non-compliance with section 127(2) of the Evidence Act did not render the child witness's evidence inadmissible due to statutory amendment. Extrajudicial and cautioned statements were expunged for procedural flaws, but remaining evidence was sufficient. The defence did not raise reasonable doubt.

Source excerpt

• Unnatural offence
• Evidence of child witnesses
• Admissibility of statements
• Burden of proof
• Standard of proof

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jayoka cheyo mabirika vs the republic 2023 tzhc 22902 4 august 2023

Court

TZHC

The prosecution proved the offence of armed robbery beyond reasonable doubt; identification evidence was not watertight but corroborated by caution and extra-judicial statements; delay in arrest was explained; procedural requirements for statements were met; defence evidence was considered; appeal dismissed.

Source excerpt

• Armed robbery
• Grievous harm
• Visual identification
• Delay in arrest
• Admissibility of statements
• Evaluation of defence evidence

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batholomeo kilanga v republic 2023 tzhc 18528 30 june 2023

Court

TZHC

The prosecution failed to prove beyond reasonable doubt that the appellant committed the offence, due to improper admission of statements without proof of reasonable steps to procure attendance, lack of direct linkage between the appellant and the person named in the victim's statement, and unexplained delay in reporting the offence.

Source excerpt

• Rape
• Evidence
• Standard of proof
• Admissibility of statements
• Burden of proof

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CRIMINAL APPEAL NO 649 OF 2023 RASHID ABDALLAH ATHUMANI ANOTHER VERSUS THE REPUBLIC

Court

TANZLII

The prosecution proved the offence of murder beyond reasonable doubt through the appellants' confessions, corroborated by recovery and identification of the deceased's body, and circumstantial evidence; procedural delays and minor contradictions did not prejudice the appellants or undermine the case.

Source excerpt

• Murder
• Confession evidence
• Procedural compliance
• Circumstantial evidence
• Admissibility of statements

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sebastian michael another vs director of public prosecutions 2021 tzca 37 25 february 2021

Court

TZCA

Second appeal against gang rape convictions dismissed. The Court expunged inadmissible statements but held the victim’s evidence and medical findings still proved the offence.

• Gang rape
• Conspiracy to commit offence
• Evidence
• Appeals
• Identification
• Admissibility of statements

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20181008 TZCA Arusha2

Court

TZCA

The appellants were proved beyond reasonable doubt to have participated with malice aforethought in the murder of the deceased, as established by direct eyewitness testimony, the nature and use of weapons, and their utterances; minor inconsistencies did not affect the reliability of the prosecution case; the cautioned statements did not prejudice the appellants as they were not prosecution exhibits and the conviction was supported by other strong evidence.

Source excerpt

• Murder
• Malice aforethought
• Evidence
• Mob justice
• Identification of accused
• Admissibility of statements

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felex joseph apolo others vs republic 2018 tzhc 2927 28 june 2018

Court

TZHC

The High Court allowed a criminal appeal, finding the prosecution’s visual identification unreliable and the statements insufficient to sustain conviction.

• Armed robbery
• Visual identification
• Admissibility of statements
• Confession evidence
• Burden of proof
• Armed-robbery

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ramadhani john another vs republic 2016 tzhc 2114 8 september 2016

Court

TZHC

The High Court allowed a criminal appeal against gang rape convictions, holding that the prosecution did not prove penetration, identification, or admissible proof beyond reasonable doubt.

• Gang rape
• Identification evidence
• Admissibility of statements
• Standard of proof
• Corroboration
• Gang-rape

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masunga erasto vs republic 2016 tzca 227 27 april 2016

Court

TZCA

The Court of Appeal nullified a murder conviction after finding the trial judge failed to properly direct assessors on circumstantial evidence, and ordered a retrial.

• Murder
• Circumstantial evidence
• Direction to assessors
• Retrial
• Admissibility of statements
• Circumstantial-evidence

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20141212 TZHC Dar es Salaam

Court

TZHC

High Court allowed a rape appeal, holding that the victim’s age was not proved, penetration was not established, and a statement was improperly admitted.

• Rape
• Evidence
• Child witness
• Admissibility of statements
• Standard of proof
• Statutory-rape

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