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Tanzania decisions
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The trial court failed to consider the defence evidence and the prosecution did not prove the charges beyond reasonable doubt due to missing material witnesses and credibility issues with the prosecution's evidence. These doubts must be resolved in favour of the appellant.
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The High Court allowed a criminal appeal, quashed an armed robbery conviction and 15-year sentence, and ordered the appellant’s release.
Prosecution failed to prove charges beyond reasonable doubt; respondents had valid license and transit pass; sentence imposed on 5th respondent was lawful; no basis for forfeiture of exhibits.
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Court of Appeal quashed convictions for armed robbery and conspiracy, finding insufficient proof, improper reliance on recent possession, and evidentiary defects.
Second appeal against gang rape convictions dismissed. The Court expunged inadmissible statements but held the victim’s evidence and medical findings still proved the offence.
The High Court has jurisdiction to grant bail in economic offences where the value exceeds Tshs. 10 million and in the absence of DPP consent, and the applicant is entitled to bail subject to specified conditions.
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The Court of Appeal quashed the appellants’ armed robbery convictions because the charge was fatally defective and the evidence was insufficient to justify a retrial.
Failure to comply with section 214(1) of the CPA by not recording reasons for change of magistrate rendered the proceedings and judgments of both the trial and first appellate courts null and void. Additionally, the conviction was based solely on a cautioned statement that was not read in court, constituting a fatal irregularity and miscarriage of justice. As there was no viable evidence to support the charge, a retrial was not warranted and the appellants were entitled to immediate release.
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There was sufficient and credible prosecution evidence to sustain the conviction of the 1st appellant on all counts and the 2nd appellant on the count of conspiracy. The caution statements were properly admitted and the allegations of torture were an afterthought. There was no evidence the appellants were denied the right to call witnesses. The 2nd appellant was not found in possession of firearm or ammunition, so convictions on those counts were quashed.
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The High Court allowed a criminal appeal after finding apparent bias from the trial magistrate’s refusal to recuse himself following unexplained bail cancellation.
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