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Tanzania decisions
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The High Court at Kigoma dismissed a criminal appeal against a rape conviction, holding the charge defect was curable and the evidence proved the offence.
The conviction and sentence were quashed because the charge sheet was incurably defective for failing to cite the provision creating the offence and the specific sentencing subsection, making the plea of guilty invalid. A retrial was not ordered as it would prejudice the appellant and the interests of justice did not require it after eight years in custody.
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The Court of Appeal of Tanzania upheld a rape conviction of a man convicted for sexually assaulting a two-year-old child, rejecting complaints about the charge sheet and procedure.
The omission to specify the punishment provision in the charge prejudiced the appellant, rendering the charge defective and the trial a nullity; further, the prosecution failed to prove the offence beyond reasonable doubt due to lack of credible evidence and failure to call a material witness.
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Failure to cite the sentencing provision in the charge sheet rendered the charge incurably defective, prejudiced the appellant, and nullified the proceedings and judgments of the trial and High Court.
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The Court of Appeal quashed a rape conviction, finding the charge defective and the identification evidence unsafe because the lamp was extinguished.
The Court of Appeal allowed a second criminal appeal, quashed a rape conviction, and set aside the sentence and compensation order for a defective charge and unreliable identification.
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