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Tanzania decisions
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High Court criminal appeal partly allowed: conviction on the second count was quashed because the plea on that count was equivocal; the 30-year sentence on the first count stood.
The High Court quashed a conviction for defilement after the original trial record was lost, making review of the evidence impossible. It declined retrial and ordered release.
A Notice of Appeal that misstates the nature of conviction renders the appeal incompetent and must be struck out.
Source excerpt
Conviction and sentence under a repealed law (section 136(1) of the Penal Code) is a fatal irregularity that cannot be cured, as the offence was not re-enacted in identical terms; therefore, the conviction and sentence are quashed and the appellant is to be released unless held for another lawful cause.
Source excerpt
The High Court at Mwanza allowed a criminal appeal, set aside a conviction and 15-year sentence, and ordered the appellant’s release unless lawfully held.
The Court of Appeal upheld a conviction for defilement, finding the complainant’s account was corroborated, the witness evidence reliable, and no reason to disturb concurrent findings.
Court of Appeal allowed a criminal appeal, holding that the High Court wrongly applied a later sentencing law and that the original sentence lacked required confirmation.
The High Court allowed a criminal appeal against a defilement conviction, quashing the 14-year sentence for lack of medical evidence and corroboration.
The Court of Appeal quashed a conviction and life sentence entered on a plea to a repealed defilement law and ordered the appellant’s release.
The Court of Appeal quashed a defilement conviction after finding the medical report was improperly admitted and the child witness evidence was not properly received.
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