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Tanzania decisions
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The trial court's failure to comply with mandatory procedural requirements under section 231 of the Criminal Procedure Act, including informing the accused of his rights and properly admitting evidence, resulted in a prejudicial and unfair trial, necessitating nullification of proceedings and retrial.
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The trial was vitiated by fatal procedural irregularities, including failure to properly record proceedings, failure to administer oaths and promises as required, failure to properly inform the accused of the case to answer, and failure to objectively evaluate the defence evidence. These irregularities rendered the conviction and sentence unsafe, necessitating nullification of proceedings and a retrial.
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The prosecution proved the offence of rape beyond reasonable doubt through the consistent and coherent testimony of the victim, corroborated by medical evidence, and proper identification procedures. The grounds of appeal lacked merit and the conviction and sentence were upheld.
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Court of Appeal of Tanzania dismissed a second criminal appeal, upholding convictions for unnatural offences and rape involving child victims.
The appellant was positively identified at the scene, evidence was direct and corroborated, unsworn testimony of the child was properly corroborated, cautioned statement was expunged, defence was considered and found baseless, and prosecution proved the case beyond reasonable doubt.
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The Court of Appeal quashed a conviction for unnatural offence after finding a fatal variance in the offence date and holding that both lower courts failed to properly consider the defence.
Even if evidence of the victim was expunged for non-compliance with section 127(2) Evidence Act, other independent evidence including medical report, testimony of relatives, and appellant's suspicious conduct conclusively established guilt.
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The High Court of Tanzania dismissed a criminal appeal, upholding a 30-year sentence for unnatural offence after finding sufficient identification and medical evidence.
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