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Tanzania decisions
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The prosecution failed to prove the case beyond reasonable doubt due to questionable credibility of the victim's evidence, particularly her failure to raise an alarm and lack of corroboration regarding the circumstances of the alleged attempted rape.
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The High Court allowed a criminal appeal after finding a fatal variance between the charge of attempted rape and evidence that proved rape.
The prosecution failed to prove the offence of attempted rape beyond reasonable doubt due to unreliable identification, failure to call a material witness, and improper admission of the cautioned statement, rendering the conviction unsafe.
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The prosecution failed to prove its case beyond reasonable doubt due to contradictory and unreliable victim testimony and improper admission of the appellant's cautioned statement; thus, conviction and sentence cannot stand.
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The conviction and sentence were quashed because the prosecution failed to prove the offence beyond reasonable doubt, the charge was incurably defective for lacking essential particulars of intent, and the trial court improperly shifted the burden of proof to the accused.
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The prosecution failed to prove the offence of attempted rape beyond reasonable doubt as the evidence was inconsistent and uncorroborated; therefore, the conviction cannot stand.
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The Court of Appeal of Tanzania allowed a criminal appeal, finding the guilty plea equivocal because the charge and facts omitted crucial particulars and conflicted with a cautioned statement.
The High Court allowed a criminal appeal, quashed a conviction for attempted rape, and set aside the sentence because the charge was defective and the plea was untenable.
The High Court allowed an appeal against conviction for attempted rape, holding that the prosecution failed to prove the essential statutory elements beyond reasonable doubt.
High Court criminal appeal from convictions for attempted rape was dismissed. The court substituted the convictions to rape and increased the sentences to 30 years per count.
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