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Tanzania decisions
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The trial court erred by convicting the appellant as charged without substituting the charge for the lesser offence proved, but the omission is curable as no failure of justice occurred; evidence supported conviction for assault occasioning actual bodily harm, not grievous harm.
Source excerpt
The Court of Appeal held that the evidence did not prove attempted rape beyond reasonable doubt, set aside that conviction, and substituted assault occasioning actual bodily harm.
The trial Magistrate properly assessed the evidence, found the defence of self defence incredible, and the conviction and sentence were appropriate given the circumstances.
Source excerpt
The High Court overturned an acquittal, finding the respondents involved in theft and assault, but not robbery with violence, and convicted them of the lesser offences.
The High Court upheld Aloyce Mang'ati’s conviction for assault occasioning actual bodily harm, but reduced his sentence from three years to one and a half years.
Criminal appeal on alteration of charge: the court upheld convictions on three counts, but set aside the assault conviction because the added count was not properly permitted.
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