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Tanzania decisions
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The prosecution failed to prove the offence of armed robbery beyond reasonable doubt due to lack of proper identification, failure to tender the stolen mobile phone as evidence, and improper admission of the caution statement. Additionally, the trial court erred by convicting the appellant on both the main and alternative counts.
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The conviction was based on doubtful visual identification and improper charging of grievous harm as an independent count; the prosecution failed to prove the case beyond reasonable doubt.
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It was a serious misdirection for the trial court to convict the appellant on both the substantive and alternative counts; the conviction and sentence on the alternative count must be quashed and set aside.
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The High Court allowed a criminal appeal after finding the prosecution evidence contradictory and insufficient to prove guilt beyond reasonable doubt.
Convicting and sentencing the appellants on both alternative counts was improper; the sentence imposed exceeded the statutory maximum for the offence. The proper approach is to convict on only one count and impose a lawful sentence within statutory limits.
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The High Court allowed a criminal appeal after finding the charge defective and the evidence insufficient to prove the appellants were watchmen.
Criminal appeal over sale proceeds from 10 heifers. The High Court upheld conviction, finding the appellant acted with co-accused and the evidence proved misappropriation.
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