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Tanzania decisions
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The Court of Appeal upheld that the appellant was caught in the act, but held the evidence did not prove gang rape beyond reasonable doubt and substituted a rape conviction.
Voluntary cautioned statements by all appellants constituted sufficient evidence to prove guilt beyond reasonable doubt; use of a toy pistol qualifies as an offensive weapon under the law for armed robbery; defects in charge and identification parade do not vitiate conviction where confession evidence is clear and unrepudiated.
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The citation error in the charge sheet did not prejudice the appellant as the particulars were clear and the error was curable under section 388(1) of the CPA. The conviction was based on credible and corroborated evidence from the victim and other witnesses, and the defence was an afterthought not supported by the record. There was no irregularity in the trial proceedings, and no basis to interfere with the concurrent findings of the lower courts.
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High Court criminal appeal over rape and unnatural offence convictions was dismissed. The court upheld the 30-year sentence and found no fatal charge or evidentiary errors.
The charge defect was not fatal as the relevant provision was cited and particulars were clear; contradictions and variances in evidence were minor and did not go to the root of the case; PF3 was improperly admitted and expunged, but remaining evidence was sufficient to uphold conviction.
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Subordinate courts have no jurisdiction to deliberate and decide legal matters during committal proceedings for offences triable by the High Court; such matters must be reserved for the High Court. The High Court erred in directing the subordinate court to determine issues beyond its powers.
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The proceedings in both the trial court and the High Court were nullities due to failure to comply with mandatory procedural requirements: no notice of intention to appeal was given, depriving the High Court of jurisdiction, and the trial court failed to take the accused's plea, vitiating the entire trial. The charge was also defective for citing the wrong punishment section and omitting lack of consent. All proceedings and judgments are quashed and set aside; a retrial is ordered.
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The proceedings in both the trial court and the High Court were nullities due to failure to take the accused's plea and lack of notice of intention to appeal; the charge was also defective. The only remedy is to quash the proceedings and order a retrial.
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High Court allowed a traffic appeal, quashed a conviction for careless driving causing bodily injury, and set aside the fine, imprisonment, and disqualification.
The High Court allowed a traffic conviction appeal, holding the charge defect was curable but the evidence did not prove negligence or fault by the appellant.
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