Tanzania Case Law

MATEI GEORGE MPONDELA VERSUS RUPBLIC JUDGMENT

Court

TANZLII

The prosecution failed to prove the charge of unnatural offence beyond reasonable doubt, and the trial court erred by convicting for grave sexual abuse without establishing its essential elements. The defence evidence was not properly considered, and the burden of proof was wrongly shifted to the accused. The conviction and sentence are nullified.

Source excerpt

• Unnatural offence
• Grave sexual abuse
• Burden of proof
• Cognate offences
• Defence evidence
• Charge amendment

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dotto bujilima vs the republic 2023 tzhc 20482 23 august 2023

Court

TZHC

The conviction was unsafe due to material discrepancy between the charge and the evidence; failure to amend the charge prejudiced the appellant and rendered the prosecution case fatally defective.

Source excerpt

• Theft
• Charge amendment
• Evidence discrepancy
• Compensation

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Color0598

Court

TANZLII

Failure by trial magistrate to append signature to witness evidence is an incurable irregularity that vitiates proceedings; conviction and sentence are quashed and retrial ordered as prosecution had established the case to the required standard but technical errors occurred.

Source excerpt

• Unnatural offence
• Procedure
• Evidence
• Child witness
• Charge amendment
• Trial irregularity

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john kihombo vs republic 2021 tzca 511 23 september 2021

Court

TZCA

The Court of Appeal dismissed John Kihombo’s second appeal against a rape conviction, holding that the successor magistrate and charge substitution procedures caused no injustice.

• Rape
• Identification evidence
• Procedural compliance
• Charge amendment
• Identification-evidence
• Charge-amendment

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mabula mashauri vs republic 2020 tzca 1891 14 december 2020

Court

TZCA

Court of Appeal quashed a conviction after the trial court substituted a new offence in judgment without calling the accused to plead to it.

• Charge amendment
• Substitution of offences
• Procedural fairness
• Sexual offences
• Charge-amendment
• Substitution-of-offences

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dpp vs rajabu kibiki 2020 tzca 223 13 may 2020

Court

TZCA

The Court of Appeal held that the trial magistrate unlawfully combined two counts into one at judgment stage, making the judgment a nullity and requiring a fresh judgment.

• Unnatural offence
• Charge amendment
• Procedural irregularity
• Nullity of judgment
• Criminal-appeal
• Charge-amendment

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19851207 TZHC Mtwara

Court

TZHC

Appeal against a dangerous driving conviction allowed because the amended charge was unlawful, duplicitous, and unsupported by sufficient evidence.

• Dangerous driving
• Charge amendment
• Criminal procedure
• Duplicity of charges
• Dangerous-driving
• Charge-amendment

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19700429 TZCA Dar es Salaam6

Court

TZCA

The High Court upheld a conviction for conversion not amounting to theft, held the charge could be amended under the Code, and reduced an illegal sentence.

• Charge amendment
• Stealing
• Conversion not amounting to theft
• Sentencing
• Criminal-law
• Charge-amendment

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