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Tanzania decisions
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The plea of guilty was unequivocal, the charge sheet contained sufficient particulars, and the trial court followed proper procedure. The appeal lacked merit and was dismissed.
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The appellant was charged and convicted under a defective charge that did not cite the provision creating the offence, rendering his plea equivocal and invalid.
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The High Court allowed a criminal appeal against arson convictions, quashing the convictions and setting aside the sentences after finding the evidence insufficient.
Penetration as a core element of rape was not proved beyond reasonable doubt; medical evidence did not corroborate the victim's testimony; trial court failed to consider defence evidence, vitiating the conviction.
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The prosecution proved beyond reasonable doubt that the appellant committed statutory rape and impregnated a schoolgirl, based on the victim's and supporting witnesses' evidence, proof of age, and corroborative documents. DNA evidence was not required, and the cautioned statement's admissibility did not affect the outcome. The appellant's defence did not raise reasonable doubt.
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The prosecution proved beyond reasonable doubt that the appellant was found in unlawful possession of a government trophy; discrepancies in evidence were minor and did not affect the outcome; the chain of custody was intact; the emergency search was lawful; the charge was not defective; the valuation certificate was valid; and the sentence must be reduced by the time spent in remand.
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The High Court upheld a life sentence for unnatural offence, finding the guilty plea unequivocal, the charge sufficient, and no miscarriage of justice.
The appellant was properly convicted of unnatural offence based on credible identification evidence, corroborated by medical and circumstantial evidence, and the defence of alibi was raised late and disproved. The charge was sufficiently informative and any defect was curable. No miscarriage of justice occurred.
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Second appeal against a rape conviction dismissed. The court held the charge was not fatally defective, the cautioned statement was admissible, and the evidence proved the case.
The prosecution failed to prove the offence of rape beyond reasonable doubt due to inconsistencies in the evidence, lack of credible proof of the victim's age at the material time, and unexplained delay in reporting, which undermined the credibility of the victim's testimony. The conviction was therefore unsafe and could not be sustained.
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