Tanzania Case Law

CRIMINAL APPEAL NO 122 OF 2021 MAJALIWA ZACHARIA CLAUD VS

Court

TANZLII

The charge sheet was not defective as time was not of essence; the judgment contained and addressed points for determination; the appellant's defence, being a mere denial, did not raise reasonable doubt; the prosecution proved the case beyond reasonable doubt, and the evidence on the age and penetration of the victim was credible and sufficient.

Source excerpt

• Rape
• Statutory rape
• Burden of proof
• Credibility of witnesses
• Defective charge sheet
• Age of victim

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Lukas Kinyantwe 1

Court

TANZLII

The prosecution failed to strictly prove the age of the victim, a vital ingredient of statutory rape, and failed to prove beyond reasonable doubt that the appellant was responsible for the pregnancy; the extrajudicial statement was not recorded in compliance with the Chief Justice's Guide; the delay in naming the appellant and inconsistencies in evidence created doubt which must be resolved in favour of the appellant.

Source excerpt

• Rape
• Statutory rape
• Evidence
• Proof beyond reasonable doubt
• Extrajudicial statement
• Age of victim

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ibrahim so sharifu vs republic 2019 tzhc 104 17 october 2019

Court

TZHC

The High Court allowed a criminal appeal for rape, finding the charge sheet defective and the prosecution case not proved beyond reasonable doubt.

• Defective charge sheet
• Proof beyond reasonable doubt
• Evaluation of evidence
• Statutory rape
• Age of victim
• Defective-charge-sheet

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osward kasunga vs republic 2019 tzca 272 27 august 2019

Court

TZCA

Court of Appeal upheld a rape conviction, finding the child victim’s detailed evidence credible, corroborated by room description and medical evidence.

• Rape
• Sexual offences
• Evidence
• Credibility of witnesses
• Corroboration
• Age of victim

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20180716 TZCA Mwanza2

Court

TZCA

The conviction for rape was properly grounded on the credible evidence of the victim, supported by her mother's testimony regarding age, and the appellant's failure to cross-examine on material points implied acceptance of the prosecution's case. DNA or paternity evidence was not required for proof of rape. New grounds not raised in the first appellate court cannot be entertained.

Source excerpt

• Rape
• Proof of penetration
• Age of victim
• Evidence assessment
• Jurisdiction of appellate court

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20161103 TZHC Dar es Salaam

Court

TZHC

The High Court allowed a criminal appeal, quashing a rape conviction after finding the prosecution failed to prove intercourse and the victim’s age beyond reasonable doubt.

• Rape
• Evidence
• Confession
• Age of victim
• Standard of proof
• Criminal-law

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abilahi mshamu mnali vs republic 2009 tzhc 78 5 august 2009

Court

TZHC

The High Court dismissed a criminal appeal against rape and pregnancy-related convictions, holding the victim’s testimony was sufficient and corroboration was not required.

• Rape
• Impregnation of school girl
• Evidence
• Corroboration
• Age of victim
• Victim-testimony

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joseph mkaima matheus vs republic 2008 tzhc 97 23 may 2008

Court

TZHC

The conviction was quashed because the prosecution failed to prove the exact age of the victim, which is a crucial element of the offence charged, and the evidence was riddled with contradictions and inconsistencies.

Source excerpt

• Rape
• Evidence
• Contradictions in testimony
• Age of victim
• Burden of proof

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20070625 TZHC Tabora

Court

TZHC

The High Court quashed a rape conviction after finding the guilty plea equivocal and the victim’s age unproven on the record. No retrial was ordered.

• Rape
• Plea of guilty
• Age of victim
• Retrial
• Sentencing
• Criminal-appeal

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