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Tanzania decisions
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The trial court erred by imposing an omnibus sentence for two counts, contrary to established legal principles requiring separate sentencing for each count; conviction and sentence are quashed and case remitted for proper sentencing.
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The Court of Appeal quashed a murder conviction after holding the cautioned statement was fatally irregularly admitted and could not sustain the case.
The conviction was unsafe because the confessional statements were improperly admitted without inquiry and the visual identification evidence was unreliable, failing to meet the standard of proof beyond reasonable doubt.
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The appellant's conviction was upheld because the confession was found to be voluntary, true, and corroborated by other evidence. Procedural irregularities in the preliminary hearing did not cause a miscarriage of justice. The appellant's defence was considered and found not to cast doubt on the prosecution's case. The prosecution proved the offences of housebreaking and stealing beyond reasonable doubt.
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The prosecution failed to prove the case against the appellants beyond reasonable doubt due to material discrepancies in evidence, lack of corroboration for repudiated confessions, improper admission of cautioned statements, and improper charging of grievous harm alongside armed robbery. Convictions and sentences are set aside and appellants are to be released unless lawfully held for other reasons.
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The High Court allowed the appeal, quashed burglary and stealing convictions, and set aside the sentences after finding a defective charge and insufficient proof.
The Court of Appeal of Tanzania allowed a murder appeal after finding improper summing up to assessors and wrongful admission of confessional statements.
The High Court convicted Ayoub S/O Said @ Maulid of attempting to commit a terrorist act by trying to join Al-Shabaab Al Islaamiya, and sentenced him to 18 years.
The search and seizure were conducted illegally without a warrant and not in an emergency; the chain of custody was broken; material contradictions in the prosecution's evidence undermined its credibility; the confessional evidence was not corroborated; the prosecution failed to prove the charge beyond reasonable doubt.
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The trial was a nullity due to inadequate summing up to assessors and conviction based on legal principles not explained to them, compounded by failure to provide reasons for admitting cautioned statements; these irregularities fatally prejudiced the appellants and rendered the trial invalid.
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