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Tanzania decisions
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Court of Appeal of Tanzania quashed a conviction for an unnatural offence after finding child witness evidence was wrongly admitted due to an inadequate voire dire examination.
The omission to cite relevant subsections in the charge sheet was an irregularity but not fatal as the particulars were clear and no prejudice was caused; evidence of child witnesses, though unsworn due to lack of proper voire dire, was corroborated by other prosecution evidence; the prosecution proved the case beyond reasonable doubt; the appellant's defence and grounds of appeal were duly considered by lower courts.
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The Court of Appeal allowed a second criminal appeal, quashing an incest conviction because a child witness gave unsworn evidence without proper voir dire or corroboration.
The defects in the charge and variance in dates did not occasion injustice or prejudice; the particulars and evidence disclosed the offence and enabled the appellant to defend himself; minor contradictions in evidence were not material; the prosecution proved its case beyond reasonable doubt.
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The Court of Appeal upheld a conviction for unnatural offence, holding that defects in the charge and a date variance were curable and caused no prejudice.
The appeal was dismissed because the errors alleged by the appellant were either not present or were curable and did not prejudice him; the evidence was properly admitted and the correct sentence for the offence against a child under 18 is life imprisonment.
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The High Court upheld a 30-year sentence for an unnatural offence, finding the child witness evidence was properly received and corroborated.
The High Court allowed a rape appeal, quashed the conviction and set aside a 30-year sentence after finding the child witness evidence was improperly admitted.
Second appeal in a rape case: the Court upheld the conviction and life sentence, but set aside the compensation order and expunged an inadmissible cautioned statement.
The High Court allowed a criminal appeal, quashed convictions for burglary and rape, and set aside the sentence after finding evidential and procedural errors.
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