Tanzania Case Law

ocr CRIMINAL APPEAL NO 642 OF 2021 JOHN JAMES ANOTHER VS THE REPUBLIC 2

Court

TANZLII

Material contradictions between the victim's and police officer's evidence regarding identification and the circumstances of the crime created reasonable doubt as to the appellants' guilt. The prosecution failed to eliminate the possibility of mistaken identity, and the benefit of the doubt must go to the appellants.

Source excerpt

• Gang rape
• Gang robbery
• Visual identification
• Evidence evaluation
• Contradictions in testimony
• Minimum sentences

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aloisi hamsini mchuwau another vs ahamadi hassani liyamata 2020 tzca 1855 19 november 2020

Court

TZCA

The Court of Appeal held that the Primary Court had jurisdiction to try robbery under the law then in force and dismissed the appellants’ challenge.

• Jurisdiction
• Robbery
• Minimum sentences
• Criminal-appeal
• Court-jurisdiction
• Primary-court

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20140415 TZHC Mwanza

Court

TZHC

The High Court allowed a criminal appeal, quashed the conviction and sentence, and held that no loss to the specified authority was proved and the trial judgment was omnibus.

• Omnibus conviction
• Proof of loss
• Use of misleading documents
• Conspiracy to defraud
• Minimum sentences
• Criminal-appeal

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sumahele so mhindi vs the republic 2011 tzhc 2109 20 april 2011

Court

TZHC

The High Court set aside a cattle theft conviction after finding the trial court failed to explain the accused’s defence rights, causing a fair-hearing breach.

• Cattle theft
• Fair hearing
• Procedural irregularity
• Minimum sentences
• Criminal-appeal
• Fair-hearing

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20100311 TZCA Tanga

Court

TZCA

The appellant was properly identified by witnesses who knew him previously, under sufficient lighting conditions, and there was no possibility of mistaken identity. However, the sentence of fifteen years was illegal in the absence of aggravating circumstances and was substituted with the statutory minimum of five years.

Source excerpt

• Cattle theft
• Visual identification
• Sentencing
• Minimum sentences

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20091016 TZCA Dodoma 1

Court

TZCA

The Court of Appeal struck out an application for leave to appeal, holding that the applicants had already instituted an appeal by filing a timely notice of appeal.

• Leave to appeal
• Time extension
• Jurisdiction
• Armed robbery
• Minimum sentences
• Criminal-appeal

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ephraim raphael vs republic 2008 tzhc 176 29 august 2008

Court

TZHC

The High Court of Tanzania allowed an appeal against sentence in a cattle theft case, replacing an illegal 15-year term with the 5-year statutory minimum.

• Sentencing
• Cattle theft
• Minimum sentences
• Criminal-law
• Cattle-theft
• Minimum-sentences

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john bosco ngonyani vs republic 2007 tzhc 353 5 november 2007

Court

TZHC

Second criminal appeal over cattle theft and a guilty plea. The High Court held the plea was unequivocal, the offence was proved by admitted facts, and the appeal was dismissed.

• Cattle theft
• Minimum sentences
• Plea of guilty
• Appeals from primary courts
• Criminal-law
• Theft

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20060306 TZCA Mwanza

Court

TZCA

Second appeal challenging a guilty plea and sentence for burglary and robbery with violence was dismissed after the court found the plea unequivocal.

• Burglary
• Robbery with violence
• Plea of guilty
• Sentencing
• Minimum sentences
• Criminal-law

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20010423 TZHC Mtwara1

Court

TZHC

On appeal from a cattle theft conviction, the High Court applied recent possession, upheld the finding of guilt, and confirmed the five-year minimum sentence.

• Theft
• Doctrine of recent possession
• Minimum sentences
• Criminal-law
• Recent-possession
• Sentencing

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