Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The High Court held a trial within trial on a cautioned statement and admitted it, finding it was recorded within time and without credible proof of torture.
The trial court's failure to conduct a trial within trial upon objection to the cautioned statement constituted a fundamental and incurable irregularity, requiring the expunging of the statement and resulting in the prosecution's failure to prove its case against the appellant.
Source excerpt
The trial magistrate failed to conduct a proper inquiry into the voluntariness of the cautioned statement after an objection was raised, instead relying on submissions rather than evidence. This procedural irregularity prejudiced the appellant and rendered the conviction unsafe. The proceedings from the stage of objection to judgment and sentence are nullified, and the matter is remitted for retrial from the point of objection in compliance with prescribed procedures.
Source excerpt
The Court of Appeal allowed a criminal appeal, quashed convictions for armed robbery, and set aside 30-year sentences after finding key evidential and procedural defects.
The conviction was unsafe because the evidence of visual identification was not watertight due to contradictions and unreliability, and the doctrine of recent possession was wrongly applied as the recovered mobile handset was not sufficiently linked to the complainant or the crime.
Source excerpt
The Court of Appeal allowed a criminal appeal, quashing armed robbery convictions after finding the charge was not proved and the doctrine of recent possession was misapplied.
Explore more
