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Tanzania decisions
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The Court of Appeal allowed a criminal appeal, finding the charge defective for duplicity and holding the evidence insufficient to prove personation, uttering, or obtaining by false pretence.
The appellants were not fairly tried as the charge sheet was duplex and defective, improperly joining conspiracy, stealing, and armed robbery, which prejudiced their defense. The procedural irregularities in admitting evidence and weak identification further rendered the trial unfair. The convictions and sentences were quashed and the appellants ordered to be released.
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The charge sheet was fatally defective due to duplicity, failure to cite essential statutory provisions, and inclusion of non-existent offences, depriving the trial court of jurisdiction and violating fair trial principles. The appeal was dismissed as the prosecution's case was not properly constituted in law.
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The Court of Appeal quashed Shabani Rahisi’s conviction for robbery with violence, holding the charge sheet was fatally defective and the evidence insufficient.
The High Court allowed a criminal appeal after finding serious doubt over the appellant’s identification and confusion in the charge and trial record.
A Tanzanian High Court appeal in which the court upheld the malicious damage conviction, quashed the forcible entry conviction, and dismissed the appeal otherwise.
The appellant forged receipts and payment vouchers and stole the sums shown in them, as evidenced by his confession and corroborated by prosecution and defense witnesses. The denials by lodging owners and lack of genuine receipts further support conviction.
Source excerpt
The High Court upheld convictions for criminal disturbance but quashed a robbery with violence count for duplicity, finding the charge improperly combined multiple offences.
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