Tanzania Case Law

Judgment Patrice Odongo V R

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant, as supervisor, stole the specified amounts from the businesses, corroborated by his own admissions and documentary evidence. The variance between the charge and evidence was immaterial and did not prejudice the appellant. The forfeiture order was lawfully made as the properties were proceeds of crime.

Source excerpt

• Stealing
• Forfeiture of property
• Criminal procedure
• Evidence
• Variance between charge and evidence

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Eliud Gibson Mlaga Jugd

Court

TANZLII

The High Court allowed a criminal appeal after finding a material mismatch between the charge and the evidence on the date of the alleged offence.

• Unnatural offence
• Evidence of child witness
• Identification
• Variance between charge and evidence
• Standard of proof
• Procedure under evidence act

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NHATI

Court

TANZLII

The High Court allowed a criminal appeal after finding a material variance between the charge sheet and the evidence on the weapon used in the robbery.

• Armed robbery
• Variance between charge and evidence
• Standard of proof
• Criminal-law
• Armed-robbery
• Charge-sheet-variance

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NUHU JUDGMENT

Court

TANZLII

Variance between the charge sheet and evidence regarding the place of offence is material; failure to amend the charge sheet to align with evidence renders the charge unproved and entitles the accused to acquittal.

Source excerpt

• Variance between charge and evidence
• Unnatural offence
• Fair trial
• Amendment of charge sheet

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Abed Abdallah v Repuvlic

Court

TANZLII

The prosecution failed to prove beyond reasonable doubt that the appellant had control or knowledge of the government trophy, and the variance between the charge and the evidence constituted a serious defect, warranting acquittal.

Source excerpt

• Unlawful possession of government trophy
• Proof of possession
• Variance between charge and evidence
• Standard of proof

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NGALAYO TAYEI 222 Eduted

Court

TANZLII

The trial was vitiated by failure to amend the charge to reflect the minor's age and lack of social welfare officer attendance; material contradictions existed between the charge and evidence regarding the crops damaged; identification evidence was insufficient and not free from the possibility of mistaken identity; prosecution failed to prove the offence beyond reasonable doubt.

Source excerpt

• Malicious damage to property
• Criminal procedure
• Juvenile justice
• Evidence
• Identification
• Variance between charge and evidence

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NDALO JUDGMENT

Court

TANZLII

The High Court allowed a criminal appeal after finding a fatal variance between the charge of stealing money and evidence showing missing goods of equivalent value.

• Stealing
• Variance between charge and evidence
• Burden of proof
• Criminal procedure
• Criminal-law
• Variance-between-charge-and-evidence

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FANTALEO GIDIONI VS REPUBLIC

Court

TANZLII

The conviction was quashed because the prosecution failed to prove the offence of incest by male beyond reasonable doubt due to material contradictions in the evidence, variance between the charge and the evidence, and lack of proof of sexual intercourse.

Source excerpt

• Incest
• Standard of proof
• Credibility of witnesses
• Variance between charge and evidence
• Contradictions in prosecution evidence

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64

Court

TANZLII

The High Court allowed a criminal appeal after finding a fatal variance between the charge of attempted rape and evidence that proved rape.

• Attempted rape
• Rape
• Standard of proof
• Variance between charge and evidence
• Testimony of child witness
• Attempted-rape

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joseph thomas kashindye vs republic 2024 tzhc 763 13 march 2024

Court

TZHC

The conviction was unsafe due to the unexplained delay in reporting the alleged offences and the lack of evidence regarding the circumstances of the appellant's arrest, rendering the prosecution case unreliable.

Source excerpt

• Personating a public officer
• Obtaining money by false pretences
• Delay in reporting and arrest
• Variance between charge and evidence

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