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Tanzania decisions
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Variance between the charge sheet and evidence regarding the place of offence is material; failure to amend the charge sheet to align with evidence renders the charge unproved and entitles the accused to acquittal.
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The variance between the particulars in the charge sheet and the prosecution evidence regarding the items stolen and the place of commission of the offence was not remedied by amendment of the charge sheet, which was fatal and prejudicial to the appellants. Consequently, the prosecution failed to prove the charges beyond reasonable doubt.
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The variance between the name of the victim in the charge sheet and the evidence was fatal to the prosecution case, and the failure to amend the charge sheet rendered the conviction unsafe; the burden of proof was improperly shifted to the accused.
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High Court appeal in a cattle theft conviction. The court found no material variance in the charge and held the identification evidence and proof sufficient.
The High Court allowed a criminal appeal after finding the charge sheet and evidence were at variance, making the armed robbery conviction unsafe.
The trial magistrate's failure to append signature at the end of each witness's evidence is an incurable irregularity that renders the entire proceedings a nullity; further, the improper amendment of the charge sheet compounded the procedural defects, justifying quashing the conviction and setting aside the sentence without an order for retrial.
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The Court of Appeal of Tanzania allowed a second appeal in a rape conviction, quashing the conviction and sentence after finding reasonable doubt from evidential contradictions and missing witnesses.
The Court of Appeal allowed a second criminal appeal after finding a fatal variance between the charge sheet and the evidence on the stolen item.
The amendment of the charge sheet after closure of the prosecution case, without a fresh plea and opportunity for the accused to respond to the new particulars, was a fatal procedural irregularity that vitiated the trial from the point of amendment. The president had power to amend, but the procedure adopted prejudiced the accused and rendered subsequent proceedings a nullity.
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The conviction was quashed because the charge sheet alleged the offence occurred on 18th June 2019, while all prosecution evidence indicated the offence occurred on 23rd February 2020, and the charge was never amended to reflect this, resulting in a fatal variance that rendered the charge unproved.
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