Tanzania Case Law

Criminal Session 7000 of 2024 Ruling MrishaJ

Court

TANZLII

The court held that due to the uncertainty as to which cautioned statement was read during committal proceedings, and the discrepancy in the names of the suspect on the documents, it is not safe to conclude that the accused was made aware of the evidence against him as required by section 246(2) of the CPA. Therefore, the document is inadmissible.

Source excerpt

• Admissibility of evidence
• Cautioned statements
• Committal proceedings
• Procedural compliance

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republic vs george menson sanga 2 others 2023 tzhc 22548 9 november 2023

Court

TZHC

The High Court rejected a second accused’s cautioned statement for non-compliance with mandatory statutory requirements and improper certification.

• Admissibility of evidence
• Cautioned statements
• Procedural irregularities
• Rights of accused
• Admissibility-of-evidence
• Cautioned-statements

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republic vs jacob enock others 2022 tzhc 15688 30 december 2022

Court

TZHC

The High Court convicted four accused of murder, finding PW1’s recognition reliable, alibis discredited, and retracted statements corroborated.

• Murder
• Burden of proof
• Identification evidence
• Alibi
• Common intention
• Cautioned statements

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haruna msafiri nyanda others vs republic 2022 tzhc 11869 30 june 2022

Court

TZHC

The prosecution failed to prove the offence of armed robbery beyond reasonable doubt due to unreliable identification, inadmissible or improperly admitted evidence, and lack of proof linking the accused to the stolen property.

Source excerpt

• Armed robbery
• Evidence
• Identification
• Admissibility of electronic evidence
• Cautioned statements
• Burden of proof

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CRIMINAL APPEAL NO 159 OF 2022 MBUZI LUSHONA MWANGAIKI 2 OTHERS VS THE REPUBLIC

Court

TANZLII

The appeal was allowed because the cautioned statements, which formed the basis of conviction, were recorded in violation of mandatory legal requirements regarding timing and format, rendering them inadmissible. The remaining evidence did not implicate the appellants, and remitting the case for retrial would occasion injustice as there was no cogent evidence to support conviction.

Source excerpt

• Murder
• Cautioned statements
• Admissibility of evidence
• Procedural irregularities
• Summing up to assessors

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omary hussein ludanga another vs republic 2021 tzca 543 30 september 2021

Court

TZCA

The Court of Appeal allowed a criminal appeal, quashing armed robbery convictions after finding flawed identification, inadmissible cautioned statements, and missing key witnesses.

• Armed robbery
• Identification evidence
• Admissibility of evidence
• Failure to call material witnesses
• Cautioned statements
• Armed-robbery

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CRIMINAL APPEAL NO 475 OF 2020 PETRO SULE 3 OTHERS VS THE REPUBLIC 1

Court

TANZLII

The conviction was quashed because the visual identification evidence was insufficient and unreliable, and all cautioned statements were expunged for non-compliance with mandatory legal requirements, leaving no evidence to support the convictions.

Source excerpt

• Murder
• Visual identification
• Confession evidence
• Cautioned statements
• Standard of proof
• Appeals

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salehe so omary gambako vs republic 2019 tzhc 253 28 september 2019

Court

TZHC

The High Court allowed a criminal appeal, quashed the conviction, and set aside the sentence after finding the case was not proved beyond reasonable doubt.

• Standard of proof
• Admissibility of evidence
• Cautioned statements
• Corroboration
• Procedure for admitting confessions
• Criminal-appeal

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20181228 TZHC Mwanza

Court

TZHC

The High Court of Tanzania allowed consolidated criminal appeals, quashed convictions and 30-year sentences, and ordered the appellants released.

• Identification evidence
• Evaluation of evidence
• Cautioned statements
• Doctrine of recent possession
• Criminal-appeal
• Identification-evidence

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abraham spia mushi others vs republic 2017 tzca 205 15 december 2017

Court

TZCA

The prosecution failed to prove beyond reasonable doubt the appellants' guilt due to insufficient identification, improper invocation of the doctrine of recent possession, inadmissible cautioned statements, and disconnected circumstantial evidence. The conviction and sentence were quashed and the appellants ordered to be released.

Source excerpt

• Murder
• Circumstantial evidence
• Doctrine of recent possession
• Cautioned statements
• Burden of proof

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