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Tanzania decisions
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The prosecution failed to prove the offence of child stealing beyond reasonable doubt due to improper admission of confession, lack of opportunity for the accused to object, failure to call material witnesses, and insufficient evidence connecting the appellants to the offence.
Source excerpt
The High Court revised a five-year sentence for child stealing, holding it excessive for a first offender who pleaded guilty and ordering immediate release.
The trial court failed to properly conduct and record the voire dire examination for the child witness as required by law, rendering her evidence inadmissible. With the primary evidence expunged, the remaining prosecution evidence was hearsay and contradictory, insufficient to sustain a conviction.
Source excerpt
The trial court failed to properly conduct the mandatory voire dire examination for the child witness, rendering her evidence inadmissible. With the exclusion of the child’s testimony, the remaining prosecution evidence was hearsay and insufficient to sustain a conviction. Contradictions in the prosecution evidence further undermined the case against the appellant.
Source excerpt
Court of Appeal quashed a criminal conviction after finding the accused’s cautioned statement was improperly admitted and could not support the charges.
The Court of Appeal allowed a criminal appeal after holding that a cautioned statement was improperly admitted and could not support conviction.
The High Court upheld a conviction for child stealing, holding the eyewitness evidence credible and the sentence of five years’ imprisonment not excessive.
The High Court of Tanzania dismissed a criminal appeal for child stealing, affirming conviction and a five-year sentence under section 169(i) of the Penal Code.
The High Court upheld a child stealing conviction but reduced a two-year prison sentence, ordering the appellant’s release because the sentence was excessive.
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