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Tanzania decisions
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The Court of Appeal quashed a rape conviction after finding the charge sheet fatally defective for failing to specify the rape category and punishment provision.
The charge sheet was fatally defective for failing to specify the relevant category of rape and sentencing section, depriving the appellant of a fair trial; proceedings and judgments of both lower courts are quashed, conviction and sentence set aside, and appellant ordered released.
Source excerpt
The Court of Appeal allowed a criminal appeal after finding the appellant’s guilty plea to rape was equivocal because he claimed the complainant was his wife.
Convictions of the loaders (Kamadhani Kamota, John Kaziri, Abdallah Saidi) for conspiracy and theft were quashed due to insufficient evidence of mens rea and participation; convictions of railway-men (Mohamed Ally, Elton Mwaweza, Abdul Mohamed) affirmed based on evidence of complicity and presence at the scene.
Source excerpt
The High Court upheld a cattle theft conviction after finding the appellant’s explanation for the calves in his house was not credible.
The High Court quashed a theft-by-servant conviction, finding the evidence showed suspicion and shared access to the safe, not proof beyond reasonable doubt.
The High Court reduced a fine for creating disturbance from shs. 600 to shs. 200, holding the original sentence was manifestly excessive.
The trial magistrate erred in convicting the appellant on the 2nd and 5th counts due to lack of evidence proving unlawful hunting, but was correct in upholding convictions for failing to record particulars, unlawful possession of government trophy, and obtaining goods by false pretences, as there was sufficient evidence for these offences.
Source excerpt
The High Court dismissed a criminal appeal against a cattle theft conviction, holding the appellant’s account was inconsistent and the statutory minimum sentence stood.
The High Court quashed a stealing-by-servant conviction, holding it was unsafe to exclude the possibility that the money had been advanced as a loan.
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