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Tanzania decisions
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Criminal Trespass is not a minor and cognate offence to Malicious Damage to Property; therefore, the District Court was not legally justified to convict the appellant for Criminal Trespass as an alternative offence. The requirements for substituted conviction under section 38 of the Primary Courts Criminal Procedure Code were not met.
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The charge sheet was incurably defective for failing to cite the section of the Penal Code creating the offence, resulting in an unfair trial and vitiating the proceedings and conviction.
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Criminal appeal against convictions for obtaining goods by false pretences was allowed. The High Court held the facts pointed to theft, but substitution was not permitted.
The trial Magistrate properly assessed the evidence, found the defence of self defence incredible, and the conviction and sentence were appropriate given the circumstances.
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The High Court allowed a criminal appeal, quashed a Penal Code section 312 conviction, set aside the sentence and forfeiture order, and ordered the appellant released.
The High Court allowed a traffic conviction appeal, holding the charge defect was curable but the evidence did not prove negligence or fault by the appellant.
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