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Tanzania decisions
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The conviction for attempted rape was improper as the charge was not amended to reflect the evidence, and the procedural irregularity prejudiced the appellant; the prosecution failed to prove the essential ingredients of the offences beyond reasonable doubt.
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The Court of Appeal held that failure to take a fresh plea and inform the accused of the right to recall witnesses after charge substitution rendered the trial a nullity.
The High Court erred in law by substituting the charge from rape to gang rape, a more serious offence, without affording the appellants an opportunity to defend themselves, thereby violating principles of fair trial and natural justice. The evidence on record did not prove the case beyond reasonable doubt.
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The identification of the appellant was not free from reasonable doubt, as the complainant failed to mention the assailant's name to the Ward Secretary immediately after the incident, raising questions about certainty. The charge substitution was unnecessary and contravened the law, though it did not prejudice the appellant.
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The High Court quashed convictions after a charge was substituted without informing the accused of their right to recall witnesses.
The High Court dismissed a criminal appeal against a corruption conviction, holding that charge substitution with added particulars caused no prejudice and evidence remained sufficient.
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