Tanzania Case Law

Criminal Appeal No

Court

TANZLII

There was no procedural irregularity that resulted in a miscarriage of justice; the trial court complied with the relevant provisions or any lapses did not prejudice the appellant. The evidence of the child witness, corroborated by the victim's mother, was credible and sufficient to prove the offence beyond reasonable doubt. The appellant's defence was considered and properly rejected.

Source excerpt

• Attempted unnatural offence
• Procedural irregularities
• Child witness evidence
• Right to call witnesses
• Preliminary hearing
• Standard of proof

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teofrid stephano kabelege vs the republic 2023 tzhc 19938 7 august 2023

Court

TZHC

The High Court allowed a criminal appeal for unlawful possession of a government trophy, holding that the prosecution failed to prove the trophy’s value beyond reasonable doubt.

• Unlawful possession of government trophy
• Valuation of trophy
• Procedural compliance
• Burden of proof
• Preliminary hearing
• Criminal-appeal

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final judgment SAMWEL MARKO Tanzlii

Court

TANZLII

The trial court failed to follow the mandatory procedure for taking a plea and conducting a preliminary hearing, resulting in an equivocal plea. The conviction and sentence based on such a plea are invalid, necessitating a retrial.

Source excerpt

• Equivocal plea
• Procedure for plea taking
• Preliminary hearing
• Retrial
• Conviction on plea of guilty

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republic vs jumanne mahende wanganyi 2022 tzhc 9807 31 may 2022

Court

TZHC

The High Court held that a Court of Appeal order for a fresh trial, unless qualified, nullifies prior proceedings including preliminary hearing and requires a restart from plea taking.

• Nullification of proceedings
• Fresh trial
• Preliminary hearing
• Plea taking
• Fresh-trial
• Plea-taking

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CRIMINAL APPEL NO

Court

TANZLII

Non-compliance with the mandatory provisions of section 192(3) of the CPA during Preliminary Hearing renders the proceedings, conviction, and sentence a nullity, requiring the trial to begin afresh from the Preliminary Hearing stage.

Source excerpt

• Preliminary hearing
• Procedural irregularity
• Nullification of proceedings
• Right to fair trial

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MICHAEL EMMANUEL JOHN

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant was found in unlawful possession of firearms; the chain of custody was sufficiently established; the cautioned and extrajudicial statements were lawfully obtained and admissible; the seizure certificate was valid and omission to issue a separate receipt was not fatal; and alleged procedural irregularities did not vitiate the proceedings or conviction.

Source excerpt

• Unlawful possession of firearms
• Chain of custody
• Confession evidence
• Seizure procedures
• Standard of proof
• Preliminary hearing

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Director of Public Prosecutions vs Lengai Ole Sabaya Others Criminal Appeal No

Court

TANZLII

The denial of the right to cross-examine the second prosecution witness was a fatal irregularity, but only the evidence of that witness should be expunged, not the entire trial. After expunging that evidence, the remaining prosecution evidence did not prove the offence of armed robbery or gang robbery beyond reasonable doubt. The High Court was correct to acquit the respondents, though for different reasons. Consent of the DPP was not required for the offence charged.

Source excerpt

• Armed robbery
• Gang robbery
• Preliminary hearing
• Right to cross-examine
• Variance between charge and evidence
• Standard of proof

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magembe shiwa vs the republic 2021 tzhc 9429 17 december 2021

Court

TZHC

The High Court allowed a criminal appeal, quashed the conviction and 30-year sentence, and ordered the appellant’s release after finding procedural irregularity and an equivocal guilty plea.

• Unlawful possession of prohibited plants
• Procedural irregularity
• Plea of guilty
• Preliminary hearing
• Criminal-appeal
• Guilty-plea

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g9963 raphael paul makongojo vs republic 2021 tzca 541 30 september 2021

Court

TZCA

The Court of Appeal held that the appellant was denied the right to be heard on bail, nullifying the trial and first appeal judgments and ordering a retrial.

• Rape
• Right to be heard
• Bail
• Preliminary hearing
• Natural justice
• Criminal-appeal

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john charles vs republic 2021 tzca 559 29 september 2021

Court

TZCA

The appellant's plea was not unequivocal as he only admitted being found in the car with illegal immigrants, not transporting them. The trial court failed to ensure the plea covered all elements of the offence and improperly conducted a preliminary hearing after a guilty plea. The conviction and sentence were quashed and the matter remitted for trial as if the appellant had pleaded not guilty.

Source excerpt

• Plea of guilty
• Smuggling immigrants
• Criminal procedure
• Equivocal plea
• Preliminary hearing

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