Tanzania Case Law

rweyemamu zakaria

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant committed statutory rape and impregnated a schoolgirl, based on the victim's and supporting witnesses' evidence, proof of age, and corroborative documents. DNA evidence was not required, and the cautioned statement's admissibility did not affect the outcome. The appellant's defence did not raise reasonable doubt.

Source excerpt

• Rape
• Impregnating a schoolgirl
• Statutory rape
• Defective charge
• Admissibility of evidence
• Proof of age

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jonas ngolida vs r 2023 tzhc 20244 18 august 2023

Court

TZHC

The High Court dismissed a criminal appeal over unlawful possession and dealing in elephant tusks, upholding a 20-year concurrent sentence.

• Unlawful possession of government trophies
• Unlawful dealing in government trophies
• Standard of proof in criminal cases
• Admissibility of evidence
• Role of expert witnesses
• Concurrent sentencing

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boniface patrick mchapo vs republic 2023 tzca 206 27 april 2023

Court

TZCA

The prosecution failed to prove the case beyond reasonable doubt due to unreliable identification of the appellant by the victims, rendering the conviction unsustainable.

Source excerpt

• Visual identification
• Standard of proof
• Rape
• Armed robbery
• Concurrent sentencing

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20180509 TZCA Iringa

Court

TZCA

The Court of Appeal quashed proceedings after finding a successor magistrate took over a partly heard criminal trial without recording reasons, and ordered a retrial.

• Trial irregularity
• Jurisdiction of magistrate
• Retrial
• Concurrent sentencing
• Criminal-procedure
• Jurisdiction

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20150731 TZHC Dar es Salaam

Court

TZHC

Criminal appeal against convictions for conspiracy and armed robbery dismissed; the High Court upheld the trial court’s reliance on the cautioned statement, PF3 and corroborating evidence.

• Conspiracy
• Armed robbery
• Admissibility of evidence
• Concurrent sentencing
• Criminal-appeal
• Armed-robbery

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20130730 TZCA Mwanza

Court

TZCA

The complainant's evidence was credible, corroborated by other witnesses and medical evidence, and sufficiently established the appellants' guilt beyond reasonable doubt. Minor contradictions did not affect the substance of the case. The cautioned statement of the third appellant was not used against the second appellant. The convictions and sentences were upheld.

Source excerpt

• Sexual exploitation of a child
• Credibility of witness
• Compensation to victim
• Concurrent sentencing
• Admissibility of co-accused statement

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athumani mussa francis another vs republic 2012 tzhc 161 13 june 2012

Court

TZHC

The 2nd appellant's conviction was quashed as it was based solely on the co-accused's confession without corroboration, contrary to section 33(2) of the Evidence Act. The 1st appellant was not proved to have committed burglary or stealing, but was found in possession of stolen property after a significant lapse of time, precluding the doctrine of recent possession. The evidence supported conviction for receiving stolen property under section 311 of the Penal Code. The trial court erred in consolidating burglary and stealing, and in ordering concurrent sentences with another case.

Source excerpt

• Burglary
• Stealing
• Receiving stolen property
• Evidence
• Confession
• Recent possession

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20120513 TZHC Dodoma

Court

TZHC

The 2nd appellant's conviction was quashed as it was based solely on the co-accused's confession without corroboration, contrary to section 33(2) of the Evidence Act. The 1st appellant's conviction for burglary and stealing was quashed as there was no evidence he committed those offences; instead, he was convicted of receiving stolen property under section 311 of the Penal Code, as the evidence only established possession of stolen property as a pawn. The order for concurrent sentences was illegal and set aside.

Source excerpt

• Burglary
• Stealing
• Receiving stolen property
• Evidence
• Confession
• Recent possession

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19980915 TZHC Mbeya

Court

TZHC

The High Court allowed a consolidated criminal appeal, quashed convictions for stealing and fraudulent false accounting, set aside the sentences, and ordered the appellant released.

• Stealing by public servant
• Stealing by agent
• Fraudulent false accounting
• Concurrent sentencing
• Charge sheet defects
• Criminal-appeal

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kija saguda

Court

TANZLII

The prosecution proved all elements of abduction, rape, and impregnating a school girl beyond reasonable doubt through credible witness testimony, corroborating documentary evidence, and the appellant's own admission. The trial court proceedings were properly conducted without incurable irregularities.

Source excerpt

• Abduction
• Rape
• Impregnating a school girl
• Standard of proof
• Credibility of witnesses
• Concurrent sentencing

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