Tanzania Case Law

kubaja omary vs republic 2020 tzca 1731 19 august 2020

Court

TZCA

The citation error in the charge sheet did not prejudice the appellant as the particulars were clear and the error was curable under section 388(1) of the CPA. The conviction was based on credible and corroborated evidence from the victim and other witnesses, and the defence was an afterthought not supported by the record. There was no irregularity in the trial proceedings, and no basis to interfere with the concurrent findings of the lower courts.

Source excerpt

• Rape
• Appeals
• Charge defects
• Evidentiary standards
• Second appeal jurisdiction

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kassim twaha hassani vs republic 2019 tzca 221 24 july 2019

Court

TZCA

The evidence of the victim (PW1) and supporting witness (PW2) was credible and sufficient to prove the charge of unnatural offence beyond reasonable doubt. The inclusion of an inapplicable subsection in the charge sheet was not fatal. The PF3 was expunged due to procedural irregularity, but its absence did not affect the conviction, which was not based on it. No miscarriage of justice occurred, and the appeal lacked merit.

Source excerpt

• Unnatural offence
• Burden of proof
• Admissibility of evidence
• Defective charge
• Right to cross-examine
• Second appeal jurisdiction

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20111003 TZCA Mtwara

Court

TZCA

The Court of Appeal of Tanzania dismissed Jerome Hamisi’s second criminal appeal, upholding his conviction for unlawful possession of six elephant tusks.

• Unlawful possession of government trophies
• Credibility of witnesses
• Standard of proof in criminal cases
• Second appeal jurisdiction
• Entrapment and evidence gathering
• Criminal-appeal

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19841124 TZCA Dar es Salaam

Court

TZCA

The Court of Appeal dismissed a second criminal appeal, holding that concurrent factual findings supported the conviction and that circumstantial evidence was enough.

• Stealing by public servant
• Circumstantial evidence
• Accomplice evidence
• Second appeal jurisdiction
• Criminal-law
• Circumstantial-evidence

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