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Tanzania decisions
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The conviction was unsafe due to misdirection and misapprehension regarding the credibility of prosecution witnesses, particularly the unexplained delay in reporting and inconsistencies in evidence.
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The charge sheet was incurably defective for failing to specify the person to whom violence or threat was directed, an essential ingredient of armed robbery; this defect is fatal and cannot be cured by evidence, rendering the conviction and sentence unsustainable.
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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 charge sheet was not defective, identification parade was unnecessary due to prior familiarity, the trial court properly evaluated the evidence, but the sentence of life imprisonment was unlawful as the law prescribes a minimum of thirty years for gang robbery.
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The conviction and sentence for rape were quashed because the proper charge should have been incest, not rape, given the biological relationship between the accused and the victim. The omission of the sentencing provision in the unnatural offence charge was not fatal and did not prejudice the appellant. Contradictions in prosecution evidence were minor and did not affect the core issue. The appellant was denied a fair trial regarding witness protection, so the evidence of the protected witness and related exhibit were expunged. The conviction and sentence for unnatural offence were upheld as…
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The appellant was not afforded the right to be heard after conviction in absentia, violating section 226(2) of the Criminal Procedure Act and Article 13(6)(a) of the Constitution, thereby vitiating the proceedings and conviction.
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The application for review was dismissed because the applicants failed to demonstrate any manifest error on the face of the record or nullity in the Court's decision. Their grounds amounted to a disguised appeal and did not meet the strict criteria for review under rule 66(1) of the Tanzania Court of Appeal Rules.
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The High Court quashed a conviction for possessing housebreaking instruments after finding the charge was wrongly framed and denied a fair trial, then ordered a retrial.
The conviction was quashed because the appellant was charged and convicted under non-existent and incorrect legal provisions, and the amendment of the charge at the judgment stage was irregular and resulted in a failure of justice that could not be cured under section 388 of the Criminal Procedure Act.
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The conviction and sentence were quashed because the charge sheet was incurably defective, failing to name the appellant as the suspect and failing to properly identify the victim, thus depriving the appellant of a fair trial and rendering the prosecution's case unproved.
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