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Tanzania decisions
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The prosecution failed to prove beyond reasonable doubt that the accused was responsible for the murder due to lack of reliable identification, absence of eyewitnesses, inadmissibility of confession, and investigative gaps regarding phone evidence.
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High Court upheld a conviction for unnatural offence against a child, rejected the challenge to child witness evidence, and set aside a 30-year sentence for life imprisonment.
The committal procedure was materially complied with; the circumstantial evidence and confessions were cogent and sufficient to prove guilt beyond reasonable doubt; the appeal lacked merit and was dismissed.
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The first accused was apprehended at the scene driving the vehicle containing narcotic drugs, with chain of custody and certificate of seizure properly executed. Defence arguments regarding lack of independent witness and receipt were rejected as not mandatory under the applicable law. The confession statement was disregarded due to procedural irregularities. No evidence incriminated the second accused. The first accused is guilty of trafficking narcotic drugs.
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Conviction unsafe due to unreliable visual identification, involuntary confession, and failure to properly identify and itemize stolen property; absence of charge sheet did not vitiate appeal.
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The Court of Appeal quashed an armed robbery conviction, holding that the cautioned statement was inadmissible and voice identification was unsafe.
The High Court allowed a criminal appeal, finding the prosecution had not proved armed robbery beyond reasonable doubt and setting aside the 30-year sentence.
The conviction was unsafe because the confessional statements were improperly admitted and the identification evidence was unreliable, being based solely on dock identification without an identification parade.
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The High Court upheld convictions for armed robbery, finding the appellants were arrested immediately after the offence with stolen items and voluntary confessions.
The Court of Appeal allowed a second criminal appeal, finding night-time identification unreliable and caution statements unsafe to rely on. Conviction, sentence, and compensation were quashed.
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