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Tanzania decisions
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The conviction was unsafe due to the unexplained delay in reporting the alleged offences and the lack of evidence regarding the circumstances of the appellant's arrest, rendering the prosecution case unreliable.
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The Court of Appeal of Tanzania quashed convictions for obtaining money by false pretences, holding that the defence was not properly evaluated and proof was insufficient.
The appellant obtained money by falsely representing ownership of a plot, prosecution evidence was credible, relatives' evidence is admissible, and compensation order was justified; no grounds exist to overturn conviction or orders.
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The respondents were found guilty based on evidence that exhibit P5 was forged and used to obtain TZS 338,935,337.46 by false pretences, with subsequent transfers constituting money laundering. The first respondent misled his principal by making false entries. The evidence established conspiracy and common intention to defraud Barclays Bank. The prosecution proved the charges beyond reasonable doubt.
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Conviction was based on unreliable visual identification and untendered exhibits; prosecution failed to prove charges beyond reasonable doubt; trial court erred in relying on evidence not properly admitted and in ordering consecutive sentences.
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The trial court failed to objectively evaluate the defense evidence, but upon re-evaluation, the evidence against the 1st and 3rd appellants was sufficient for conviction; however, there was no evidence implicating the 2nd appellant beyond co-accused confessions, so his conviction and sentence were quashed.
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The High Court quashed a criminal conviction and sentence because the trial court failed to enter a proper conviction before sentencing, rendering the judgment invalid.
The High Court quashed the second appellant’s conviction for lack of evidence and ordered a retrial for the first appellant after finding a procedural defect in the trial.
The High Court ordered a retrial after finding the original record was missing and reconstruction was impracticable because even the charge sheet could not be found.
High Court criminal appeal dismissed; conviction for conspiracy and obtaining money by false pretences was upheld, along with confiscation of the motor vehicle and bank account.
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