Tanzania Case Law

Jdg Cr

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant carnally knew the victim, a girl aged 12, thus committing the offence of rape under section 130(1)(2)(e) of the Penal Code. The evidence of the victim, corroborated by medical and witness testimony, was credible and sufficient. Procedural irregularities in recording evidence of a child and a deaf-dumb witness did not render the evidence inadmissible or unreliable under the current law.

Source excerpt

• Rape
• Evidence of children
• Evidence of persons with disabilities
• Adverse inference from silence
• Statutory interpretation

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20101004 TZCA Mwanza2

Court

TZCA

The Court of Appeal held that failure to comply with section 293(2) of the Criminal Procedure Act vitiated the trial and prevented adverse inference from silence.

• Right to fair trial
• Procedure after prosecution case closed
• Adverse inference from silence
• Mandatory court address under s.293(2) cpa
• Criminal-procedure
• Fair-trial-rights

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19881223 TZHC Dar es Salaam2

Court

TZHC

The High Court quashed a robbery-with-violence conviction, finding the identification and supporting evidence insufficient and uncorroborated.

• Robbery with violence
• Identification evidence
• Burden of proof
• Adverse inference from silence
• Robbery-with-violence
• Identification-evidence

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19881006 TZCA Dar es Salaam3

Court

TZCA

Court of Appeal upheld a murder conviction, holding that witness evidence proved deliberate shooting, despite no postmortem report and a disputed witness statement.

• Murder
• Use of firearms by police
• Provocation
• Adverse inference from silence
• Cause of death
• Criminal-appeal

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