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Tanzania Case Law

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Criminal law ALEX SAWAKA JUDGMENT edited

ALEX SAWAKA JUDGMENT edited

Court
TANZLII

Appellant's age was not properly determined; trial court failed to conduct inquiry as required by law. Evidence of PW5 and PW6 expunged for lack of oath. Remaining evidence sufficient to sustain conviction, but sentencing contravened child law. Appellant was a first offender under 18; custodial sentence unlawful. Conviction stands, sentence set aside, appellant ordered released.

Source excerpt

  • Rape
  • Unnatural offense
  • Impregnating a school girl
  • Proof of age
  • Oath and affirmation
  • Juvenile sentencing
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Criminal law rajabu obadia vs republic 2023 tzhc 23216 10 november 2023

rajabu obadia vs republic 2023 tzhc 23216 10 november 2023

Court
TZHC

The trial court complied with section 127(2) of the Evidence Act as the child witness's promise to tell the truth sufficed; visual identification was reliable due to prior acquaintance and sufficient lighting; noncompliance with preliminary hearing procedures was not fatal; the prosecution was not required to call the appellant's father; and the trial court properly considered the defense evidence. The conviction and sentence were justified.

Source excerpt

  • Unnatural offense
  • Evidence of child witness
  • Visual identification
  • Preliminary hearing procedure
  • Standard of proof
  • Corroboration in sexual offenses
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.