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Tanzania decisions
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The High Court allowed a rape appeal, quashed the conviction and set aside the 30-year sentence after finding the prosecution had not proved penetration beyond reasonable doubt.
The contradictions between the charge sheet and evidence regarding chassis and engine numbers were minor and did not go to the root of the matter; the offence was proved beyond reasonable doubt and the appellant was able to defend himself; no injustice was caused by the variance.
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The appeal was dismissed because the failure to provide the complainant's statement and charge did not prejudice the appellant and was curable under section 388 of the Criminal Procedure Act; the prosecution proved all elements of rape beyond reasonable doubt, including age and penetration; and the record showed the appellant was not denied the right to cross-examine the victim, with any error being a slip of the pen that did not affect the fairness of the trial.
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The trial court erred by imposing an omnibus sentence for two counts, contrary to established legal principles requiring separate sentencing for each count; conviction and sentence are quashed and case remitted for proper sentencing.
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The prosecution established the chain of custody, lawfully tendered perishable exhibits via inventory, and proved all charges beyond reasonable doubt through corroborated witness testimony and documentary evidence. The appeal lacked merit and was dismissed.
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The conviction was quashed because the prosecution failed to establish the chain of custody for the monofilament net, did not comply with legal requirements for admissibility of electronic evidence, and failed to prove the offences beyond reasonable doubt due to insufficient and improperly authenticated evidence.
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The Court of Appeal upheld a life sentence for rape, finding the conviction could rest on credible oral confessions to civilian witnesses and that the missing PF3 and Hamlet Chairperson were not fatal.
The High Court allowed a criminal appeal, finding major contradictions, poor identification of property, delay in reporting, and unreliable recent possession evidence.
The High Court allowed a criminal appeal, quashed the conviction, and set aside the sentence after finding the prosecution case unsafe and unsupported.
The evidence of the complainant and witnesses was direct and proved the offence of threatening to kill beyond reasonable doubt; variation between charge sheet and evidence was not fatal due to Primary Court procedure; hearsay and contradiction arguments were unfounded.
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