Tanzania Case Law

Abel matondo

Court

TANZLII

The prosecution proved the charge of stealing by agent beyond reasonable doubt through credible witness testimonies and a properly admitted caution statement. The trial court properly evaluated all evidence, including the defence, and the absence of certain witnesses or exhibits did not undermine the prosecution case. The conviction and sentence were proper and are upheld.

Source excerpt

• Stealing by agent
• Standard of proof
• Evaluation of evidence
• Admissibility of caution statement
• Burden of proof

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Criminal Appeal No

Court

TANZLII

The conviction and sentence were quashed because the caution statement was illegally obtained and wrongly relied upon, prosecution evidence was contradictory and uncorroborated, chain of custody was broken, and seizure lacked independent witnesses, failing to prove the case beyond reasonable doubt.

Source excerpt

• Unlawful possession of firearm
• Unlawful possession of ammunition
• Unlawful possession of weapon in game reserve
• Admissibility of caution statement
• Chain of custody
• Contradiction in evidence

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George Kayanda v

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant committed armed robbery by stealing a mobile phone and threatening the victim with a machete; flaws in chain of custody, witness contradictions, and non-production of sim card or receipt did not undermine the conviction as corroborative evidence was sufficient.

Source excerpt

• Armed robbery
• Visual identification
• Chain of custody
• Material witness
• Ownership of stolen property
• Admissibility of caution statement

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JUDGMENT DAVID MARTINE MWAHAYA final

Court

TANZLII

The appellant was caught red-handed in possession of government trophy, corroborated by multiple prosecution witnesses and documentary evidence. Minor contradictions in time were immaterial. Visual identification concerns were irrelevant as the arrest occurred at the crime scene. The caution statement was properly admitted after inquiry. The absence of a local leader did not affect the legality of the search and seizure. The defence did not cast doubt on the prosecution case. The conviction and sentence were upheld.

Source excerpt

• Unlawful possession of government trophy
• Evidentiary contradictions
• Visual identification
• Admissibility of caution statement
• Role of independent witnesses
• Evaluation of defence evidence

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20160906 TZHC Dar es Salaam

Court

TZHC

High Court criminal appeal dismissed after finding that the appellant was found with recently stolen cows and gave no reasonable explanation.

• Cattle theft
• Doctrine of recent possession
• Standard of proof
• Admissibility of caution statement
• Cattle-theft
• Doctrine-of-recent-possession

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20101119 TZHC Dar es Salaam

Court

TZHC

The High Court allowed a criminal appeal against an armed robbery conviction, holding that contradictions in the prosecution evidence meant the case was not proved beyond reasonable doubt.

• Armed robbery
• Conspiracy
• Burden of proof
• Contradictory evidence
• Identification evidence
• Admissibility of caution statement

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patrice john vs republic 2007 tzhc 318 31 october 2007

Court

TZHC

The High Court dismissed a criminal appeal against a 5-year sentence for unlawful possession of 85 litres of gongo, finding the conviction was proved.

• Unlawful possession of liquor
• Defective charge
• Search procedure
• Contradictory evidence
• Admissibility of caution statement
• Criminal-appeal

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