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Tanzania decisions
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The prosecution failed to prove the identity of the accused beyond reasonable doubt as required in cases involving a stranger, since there was no prior description of the assailant by the victim and no identification parade was conducted.
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Court of Appeal upheld a murder conviction, rejecting complaints about an amended charge, assessor participation, identification evidence, exhibits, alibi, and witness credibility.
The High Court dismissed a criminal appeal against a 20-year sentence for unlawful possession of government trophies, finding the grounds unsupported or not raised at trial.
The High Court dismissed a rape appeal, holding that the victim properly identified the appellant and that the prosecution proved penetration, age, and guilt beyond reasonable doubt.
The prosecution failed to prove the offences against the appellant beyond reasonable doubt due to unreliable identification, improper admission of the victim's statement, and lack of cogent evidence linking the appellant to the crimes. The conviction and sentence cannot stand.
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The appeal was dismissed because the grounds raised by the appellant lacked merit: the variance in the victim's age was not prejudicial as the victim was under 18; the victim's testimony was properly taken under oath; non-compliance with section 210(3) was not shown to have caused prejudice; the PF3 was properly admitted; identification was reliable; and the prosecution proved the case beyond reasonable doubt.
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The appellants were proved beyond reasonable doubt to have participated with malice aforethought in the murder of the deceased, as established by direct eyewitness testimony, the nature and use of weapons, and their utterances; minor inconsistencies did not affect the reliability of the prosecution case; the cautioned statements did not prejudice the appellants as they were not prosecution exhibits and the conviction was supported by other strong evidence.
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Second appeal against acquittal for malicious damage failed. The High Court held the prosecution had not proved individual responsibility beyond reasonable doubt.
The High Court quashed convictions for malicious damage to property, finding the prosecution had not proved beyond reasonable doubt where the damaged trees stood.
The Court of Appeal of Tanzania dismissed a criminal appeal, holding that minor discrepancies in witness testimony did not undermine the conviction for carnal knowledge against the order of nature.
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