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Tanzania decisions
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The variance in dates between the charge sheet and prosecution evidence was fatal and not curable under section 234(3) CPA; failure to amend the charge denied the appellant clarity and a fair opportunity to defend, entitling him to acquittal.
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The proceedings were a nullity because the charge sheet was incurably defective due to unauthorized and unauthenticated alterations, and the trial magistrate exceeded sentencing jurisdiction. Conviction quashed and sentence set aside.
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The Court of Appeal held that striking out a money-laundering count finally determined that charge, so the High Court wrongly treated the appeal as interlocutory.
High Court revision set aside a robbery conviction after finding the substituted charge procedure unfair and the trial court improperly called a witness to bolster the prosecution case.
The High Court quashed a robbery conviction after finding the applicant was denied a fair trial during substitution of the charge and improper court questioning.
The magistrate misdirected himself on the burden of proof, wrongly allowed amendment of charges without defect, and failed to establish a prima facie case; the evidence showed the appellant was under arrest and the money could have been for bail, not corruption.
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High Court criminal appeal partly allowed: convictions for theft of revenue and cash bail were upheld, while convictions for assessor allowances were quashed.
Criminal appeal on amendment of charge and recall rights. Convictions on three counts stood, but a fourth assault count was set aside as unsupported by the evidence.
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