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Tanzania decisions
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Despite the expunging of exhibits due to lack of independent witness testimony, the remaining evidence, including unchallenged confession statements and consistent victim testimony, proved the offences of armed robbery and rape beyond reasonable doubt. The charge sheet discrepancies did not prejudice the appellant, and his defence was considered and found unconvincing.
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The High Court dismissed a criminal appeal against conviction for unlawful possession of ammunition, holding the prosecution proved the case and the sentence stood.
The appeal was dismissed because the charge sheet was not defective, procedural irregularities did not occasion a miscarriage of justice, the chain of custody was properly established, the confession statement was lawfully recorded, and the prosecution proved the case beyond reasonable doubt.
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Second appeal against armed robbery convictions dismissed. The Court of Appeal upheld identification evidence, oral evidence, and cautioned statements, finding no error shown.
Court of Appeal of Tanzania upheld armed robbery convictions, finding reliable identification, valid cautioned statements, and sufficient proof beyond reasonable doubt.
The trial court had jurisdiction as the handwritten proceedings confirmed admission of the required consent and certificate; the prosecution proved the offence beyond reasonable doubt through credible evidence, including properly conducted search and seizure, corroborated confession statements, and supporting forensic evidence; minor contradictions and failure to call additional witnesses did not undermine the prosecution case; the trial court properly evaluated all evidence, including the defence.
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The identification evidence was credible and reliable due to the witnesses' familiarity with the appellants, sufficient lighting, and immediate reporting; the charge sheet variance was harmless; chain of custody for the motorcycle was not strictly required; defence evidence was considered and did not cast doubt; and the caution statement issue was not substantiated.
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The Court of Appeal upheld convictions for armed robbery, applying recent possession and expunging improperly admitted statements, but still dismissed the appeal.
The appellant's guilt for unlawful cultivation of prohibited plants was proven beyond reasonable doubt based on a corroborated retracted confession and supporting evidence. The charge of unlawful possession was not established as the evidence only proved cultivation, not possession.
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The conviction was unsafe because the only evidence relied upon—the caution statement and extra judicial statement—was inadmissible due to non-compliance with statutory requirements and procedural safeguards, leaving no evidence to support the conviction.
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