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Tanzania decisions
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The High Court dismissed a criminal appeal against convictions for incest by male and causing grievous harm, upholding the trial court’s findings and sentences.
The prosecution failed to prove beyond reasonable doubt that the appellant was found in possession of the stolen motorcycle, failed to properly identify the stolen property, and did not comply with mandatory legal requirements regarding seizure and chain of custody; thus, the conviction could not stand.
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After expunging improperly admitted exhibits (cautioned statement, photographs, and witness statement), the only remaining evidence linking the appellant to the offence was the testimony of the victim (PW1), which was not corroborated and was contradicted by the defence. The prosecution failed to prove beyond reasonable doubt that the appellant caused the grievous harm. Conviction and sentence were unsafe and could not stand.
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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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High Court appeal dismissed after upholding convictions for rape and causing grievous harm. The court found the victim’s evidence and medical proof sufficient.
The Notice of Appeal was fatally defective for misstating the date of the impugned decision, failing to comply with the mandatory requirements of Rule 68(2) and 75(1) of the Tanzania Court of Appeal Rules, 2009, and thus could not validly institute the appeal, rendering the appeal incompetent.
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The High Court allowed a criminal appeal, quashed a conviction for causing grievous harm, and set aside a three-year sentence after finding the evidence unreliable.
The High Court allowed a criminal appeal against convictions for causing grievous harm, holding that identification evidence was unreliable and the burden of proof had been shifted.
The Court of Appeal quashed a rape conviction for lack of cogent proof and improper cautioning, but upheld a grievous harm conviction and sentence.
The Court of Appeal held the caution statement was substantially compliant, amounted to a confession, and was corroborated, but quashed the attempted-suicide conviction.
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