Tanzania Case Law

twaha salum vs republic 2023 tzca 17447 25 july 2023

Court

TZCA

The Court of Appeal dismissed a review application, holding there was no manifest error on the face of the record and no miscarriage of justice.

• Review of appellate judgment
• Unnatural offence (sodomy)
• Manifest error on the face of the record
• Standard for review applications
• Appellate-review
• Manifest-error-on-the-face-of-the-record

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CRIMINAL APPEAL NO

Court

TANZLII

The prosecution failed to prove the offence of unnatural offence against AX beyond reasonable doubt due to lack of medical evidence, failure to call material witnesses, and unreliable identification evidence. The conviction was unsafe and could not be sustained.

Source excerpt

• Unnatural offence (sodomy)
• Burden of proof
• Identification evidence
• Failure to call material witnesses
• Standard of proof in criminal cases

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