Tanzania Case Law

john komba magoti vs republic 2024 tzhc 497 27 february 2024

Court

TZHC

The trial court complied with all legal procedures in recording and admitting the evidence of the child victim, the extra judicial statement was voluntary and properly admitted, the confession before the hamlet leader was corroborated, and the medical evidence, though not conclusive on the object of penetration, was sufficient when considered with other evidence. The grounds of appeal lacked merit and the conviction and sentence were upheld.

Source excerpt

• Unnatural offence
• Sexual offences against children
• Evidence of child witness
• Confession
• Medical evidence
• Appeal procedure

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Criminal Appeal No

Court

TANZLII

The prosecution failed to prove penetration, a crucial element of the offence, beyond reasonable doubt due to inconsistencies and lack of credible evidence from the victim and the medical witness. Therefore, the conviction cannot stand.

Source excerpt

• Unnatural offence
• Sodomy
• Sexual offences against children
• Burden of proof
• Credibility of witnesses
• Medical evidence in sexual offences

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CRIMINAL APPEAL NO

Court

TANZLII

The appeal was dismissed because the prosecution proved beyond reasonable doubt that the appellant committed the unnatural offence against a child under 18, based on credible and corroborated evidence from the victim, medical testimony, and the appellant’s own confession. Procedural lapses regarding the recording of the child’s evidence did not affect its credibility or admissibility, and the appellant’s defence was considered and properly rejected.

Source excerpt

• Unnatural offence
• Sexual offences against children
• Standard of proof in criminal cases
• Credibility of child witnesses
• Admissibility of confession statements
• Procedural compliance in criminal trials

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CRIMINAL APPEAL NO

Court

TANZLII

The appeal was dismissed because the trial court properly complied with the legal requirements for receiving the testimony of a child of tender age, the evidence of the victim was credible and corroborated, minor contradictions did not affect the prosecution case, the defence was considered, and the prosecution proved the case beyond reasonable doubt. However, the sentence of thirty years imprisonment was illegal under section 154(2) of the Penal Code, as the mandatory sentence for the offence committed against a child under 18 is life imprisonment. The sentence was therefore set aside and su…

Source excerpt

• Unnatural offence
• Sexual offences against children
• Sentencing
• Standard of proof
• Credibility of witnesses
• Right to mitigation

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charles melkiory msele vs republic 2023 tzca 18011 19 december 2023

Court

TZCA

The appeal was dismissed as the alleged procedural irregularities were either not raised at trial, not material, or curable; the prosecution proved the charge beyond reasonable doubt; the evidence of child witnesses was properly received; and the trial court had jurisdiction to impose the sentence prescribed by law.

Source excerpt

• Unnatural offence
• Sexual offences against children
• Criminal procedure
• Jurisdiction
• Evidence of child witnesses
• Defective charge sheet

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JUDGEMENT

Court

TANZLII

The court found the victim's evidence credible and corroborated by medical evidence, the delay in reporting was explained by threats, the clinical officer was qualified, and the prosecution proved the case beyond reasonable doubt. The grounds of appeal lacked merit and the conviction and sentence were upheld.

Source excerpt

• Rape
• Unnatural offence
• Sexual offences against children
• Evidence evaluation
• Credibility of witnesses
• Standard of proof

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emmanuel kavula lengada vs the republic 2023 tzhc 22635 16 november 2023

Court

TZHC

The High Court dismissed a criminal appeal and affirmed life imprisonment for unnatural offences involving child victims, finding the evidence and caution statement sufficient.

• Unnatural offence
• Sexual offences against children
• Evidence of child witnesses
• Standard of proof in criminal cases
• Admissibility of caution statements
• Criminal-appeal

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issa said issa vs republic 2023 tzca 17669 29 september 2023

Court

TZCA

Court of Appeal upheld a conviction for unnatural offence involving child victims, but corrected the lawfulness of sentence on the second and third counts.

• Unnatural offence
• Sexual offences against children
• Evidence of child witnesses
• Admissibility of documentary evidence
• Sentencing
• Criminal-law

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hamza abdallah vs republic 2023 tzhc 21224 25 september 2023

Court

TZHC

The High Court dismissed Hamza s/o Abdalla’s criminal appeal, upholding his conviction and life sentence for an unnatural offence involving a child.

• Unnatural offence
• Sexual offences against children
• Standard of proof
• Sentencing
• Evidence assessment
• Criminal-appeal

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mussa ridhiwani ally mkwavi vs republic 2023 tzhc 21021 18 september 2023

Court

TZHC

The High Court upheld the conviction for unnatural offence but set aside the life sentence after finding the appellant was 18 and sentencing leniency was required.

• Unnatural offence
• Sexual offences against children
• Sentencing of young offenders
• Evidence in sexual offences
• Procedural irregularities
• Criminal-appeal

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