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Tanzania decisions
Decisions matching the current search
The High Court dismissed a criminal appeal, upholding a 30-year sentence for an offence under section 154 of the Penal Code after relying on confessions and medical evidence.
The High Court allowed a criminal appeal, finding major contradictions, poor identification of property, delay in reporting, and unreliable recent possession evidence.
The High Court dismissed a criminal appeal against conviction for publishing false information on Twitter under Tanzania’s Cybercrimes Act.
The Court of Appeal held that the first appellate court failed to determine all grounds of appeal and quashed its judgment, remitting the matter for rehearing.
The High Court allowed consolidated criminal appeals, quashed convictions for conspiracy and armed robbery, and set aside sentences after rejecting inadmissible confessions.
The Court of Appeal nullified murder proceedings after finding the trial-within-a-trial process irregular and prejudicial, and ordered a retrial.
The conviction was quashed because the only evidence linking the appellants to the offence was a cautioned statement of the 2nd appellant, which was inadmissible due to being recorded outside the statutory period, lacking voluntariness, and not corroborated. The trial judge's reliance on non-legal theories was erroneous, and no admissible evidence connected the appellants to the crime.
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The appeal was dismissed because the conviction was based on the correct substituted charge, the evidence of the child witness was properly recorded under the law, the accused's defence rights were respected, the cautioned statement and medical report were lawfully admitted and read out, and the trial court gave cogent reasons for believing the victim's evidence. There were no procedural or substantive errors warranting interference with the concurrent findings of the lower courts.
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The Extra Judicial Statement was wrongly admitted in evidence without an inquiry after being retracted by the accused; its admission was prejudicial and fatal to the prosecution case, necessitating expungement and resulting in the collapse of the conviction.
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The Court of Appeal set aside a murder conviction after finding the trial-within-trial on a cautioned statement was procedurally flawed and ordered a retrial.
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