Tanzania Case Law

dpps vs harold gamalieli mkaro 2023 tzhc 17073 28 april 2023

Court

TZHC

The trial magistrate erred by introducing extraneous matters into the judgment, specifically by inferring 'anus' where the evidence only established 'buttocks', thus misdirecting the determination. Upon re-evaluation, the evidence established explicit acts by the respondent directed at the commission of unnatural offence, satisfying the requirements for attempt under section 155 of the Penal Code. The prosecution proved its case beyond reasonable doubt.

Source excerpt

• Attempt to commit unnatural offence
• Appeal against acquittal
• Evaluation of evidence
• Sentencing

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Republic vs Jeremiah John Others Criminal Appeal No

Court

TANZLII

The notice of appeal was fatally defective for failing to state the correct name of the trial judge and the nature of acquittal as required by Rule 68(2) and 68(7) of the Rules. As a result, the appeal was incompetent and could not be entertained.

Source excerpt

• Notice of appeal
• Procedural compliance
• Appeal against acquittal

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20130624 TZCA Arusha

Court

TZCA

The Court of Appeal struck out a criminal appeal, holding that an order for retrial by the High Court was interlocutory and not finally determinative.

• Appeal against acquittal
• Interlocutory orders
• Jurisdiction of court of appeal
• Criminal-appeal
• Retrial
• Interlocutory-orders

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ally madeni vs athumani ramadhani 2010 tzhc 248 19 february 2010

Court

TZHC

The High Court struck out a criminal appeal by a private complainant, holding that only the Director of Public Prosecutions may appeal against an acquittal.

• Right of appeal
• Appeal against acquittal
• Locus standi
• Criminal-appeals
• Appeal-against-acquittal
• Locus-standi

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20030702 TZHC Mwanza

Court

TZHC

The High Court dismissed the DPP’s appeal against both a conditional discharge and an acquittal, holding there was no basis to interfere with the trial court’s discretion.

• Appeal against acquittal
• Appeal against sentence
• Sentencing discretion
• Domestic violence
• Assessment of evidence
• Criminal-law

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20000406 TZHC Dar es Salaam

Court

TZHC

The prosecution evidence clearly established that the respondent was caught red-handed with the stolen goods, and minor discrepancies did not materially diminish the prosecution case. The trial court's acquittal was perverse and not supported by the evidence.

Source excerpt

• Shopbreaking
• Stealing
• Appeal against acquittal
• Credibility of witnesses
• Discrepancies in evidence

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19971003 TZHC Mbeya

Court

TZHC

The High Court overturned an acquittal, finding the respondents involved in theft and assault, but not robbery with violence, and convicted them of the lesser offences.

• Theft
• Assault occasioning actual bodily harm
• Alibi
• Appeal against acquittal
• Identification evidence
• Criminal-law

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19931210 TZHC Dar es Salaam

Court

TZHC

The High Court allowed the DPP’s appeal, holding that the respondent’s driving was careless and caused fatal and injurious road traffic collisions.

• Dangerous driving
• Careless driving
• Causing death by dangerous driving
• Causing bodily injury by careless driving
• Appeal against acquittal
• Careless-driving

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19930525 TZHC Dodoma1

Court

TZHC

The High Court dismissed the DPP’s appeal against acquittal for shop-breaking and stealing, upholding the trial court’s decision.

• Shop-breaking
• Stealing
• Appeal against acquittal
• Criminal-law
• Appeal-against-acquittal

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19921221 TZHC Dar es Salaam

Court

TZHC

The High Court quashed an acquittal and ordered a retrial after finding the trial magistrate failed to resolve key conflicts in witness evidence.

• Appeal against acquittal
• Evaluation of evidence
• Credibility of witnesses
• Criminal-law
• Criminal-appeals
• Acquittal

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