Tanzania Case Law

MATEI GEORGE MPONDELA VERSUS RUPBLIC JUDGMENT

Court

TANZLII

The prosecution failed to prove the charge of unnatural offence beyond reasonable doubt, and the trial court erred by convicting for grave sexual abuse without establishing its essential elements. The defence evidence was not properly considered, and the burden of proof was wrongly shifted to the accused. The conviction and sentence are nullified.

Source excerpt

• Unnatural offence
• Grave sexual abuse
• Burden of proof
• Cognate offences
• Defence evidence
• Charge amendment

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JUDGEMENT EMMANUEL KIGINGA 0001

Court

TANZLII

Receiving stolen property is not a minor or cognate offence to animal stealing; the appellant was convicted of an offence he was not charged with, violating his right to be heard and principles of natural justice.

Source excerpt

• Animal stealing
• Receiving stolen property
• Cognate offences
• Right to be heard
• Natural justice

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MIXON YOHANA

Court

TANZLII

Neglect to prevent an offence is not a cognate minor offence to cattle theft; conviction and sentence for an offence not charged, without affording appellants an opportunity to defend, resulted in failure of justice and unfair trial.

Source excerpt

• Cognate offences
• Fair trial
• Substitution of conviction
• Neglect to prevent an offence
• Cattle theft

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lucas samson vs republic 2022 tzca 466 22 july 2022

Court

TZCA

The trial court erred in substituting the charge of rape with grave sexual abuse, which is not a cognate offence under section 304(1) of the Criminal Procedure Act, and failed to explain the substance of the new charge to the appellant, resulting in fatal irregularity and prejudice to the appellant's right to a fair trial.

Source excerpt

• Substitution of charges
• Cognate offences
• Fair trial
• Prejudice
• Sexual offences

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emmanuel thomas kasamwa vs republic 2021 tzca 354 30 july 2021

Court

TZCA

The Court of Appeal allowed a criminal appeal, holding that the trial court wrongly substituted attempted rape with grave sexual abuse and caused a procedural irregularity.

• Attempted rape
• Grave sexual abuse
• Cognate offences
• Procedural irregularity
• Substitution of charges
• Criminal-appeal

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20140321 TZCA Arusha

Court

TZCA

The Court of Appeal held that armed robbery was not proved because theft was not established, quashed that conviction, and substituted assault causing actual bodily harm.

• Armed robbery
• Assault causing actual bodily harm
• Proof of theft
• Cognate offences
• Appellate review
• Armed-robbery

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20110720 TZHC Dar es Salaam

Court

TZHC

The High Court allowed a criminal appeal, quashing conviction and sentence after finding the prosecution failed to prove the charge beyond reasonable doubt.

• Cognate offences
• Standard of proof
• Identification of property
• Conviction on uncharged offence
• Criminal-appeal
• Theft

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republic vs muhibu mohamed lihonge 2007 tzhc 246 10 august 2007

Court

TZHC

The High Court acquitted the accused of incest, holding that a paternal uncle–niece relationship is not within section 158 of the Penal Code.

• Incest
• Rape
• Burden of proof
• Consanguinity
• Cognate offences
• Criminal-law

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anathe fanuel nyari another vs republic 2007 tzhc 415 25 july 2007

Court

TZHC

The prosecution failed to prove robbery with violence beyond reasonable doubt due to lack of identification of the appellants at the scene; the only evidence was recent possession of stolen property, warranting conviction for possession of stolen property under section 312(1)(b) of the Penal Code.

Source excerpt

• Robbery with violence
• Possession of stolen property
• Circumstantial evidence
• Standard of proof
• Cognate offences

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