Tanzania Case Law

JUDGMENT CRIMINAL APPEAL NO 31723 OF 2024 SHABAN HAMIS MAKONGORO VS REPUBLIC FINAL NEW

Court

TANZLII

The appeal was dismissed because the prosecution proved beyond reasonable doubt that the appellant committed the offence of unnatural offence against a child under eighteen. The conviction was supported by medical evidence, corroborating witness testimony, and a voluntary confession. The victim's inability to testify was properly judicially noticed, and the defence of alibi was not properly raised. The appellant's claims of fabrication and torture were unsubstantiated.

Source excerpt

• Unnatural offence
• Evidence
• Corroboration
• Defence of alibi
• Confession
• Standard of proof

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Criminal Appeal No15914 of 2024 plea of guilty

Court

TANZLII

The trial court adopted the wrong procedure by conducting a preliminary hearing after a plea of guilty, instead of following the procedure under section 228(2) of the Criminal Procedure Act. The appellant's response to the facts did not amount to an unequivocal plea of guilty, as some facts were not within his knowledge. Therefore, the plea was equivocal and could not ground a valid conviction.

Source excerpt

• Plea of guilty
• Unnatural offence
• Procedure on plea
• Appeal against conviction
• Child victim

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jacob mayan vs republic 2020 tzca 1768 27 august 2020

Court

TZCA

The appellant's cautioned statement was lawfully recorded and corroborated by other evidence; the identification parade was properly conducted; the evidence of PW1 and PW7 was reliable and relevant; dock identification was valid as it followed a proper parade; all grounds of appeal lacked merit.

Source excerpt

• Rape
• Evidence
• Identification parade
• Confession
• Child victim

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optatus elias

Court

TANZLII

The prosecution proved the offences of rape and unnatural offence beyond reasonable doubt through the victim's testimony and the appellant's confession; the age of the victim was sufficiently established; contradictions in evidence and delay in the medical report did not undermine the prosecution case; the defence evidence was considered but found unpersuasive.

Source excerpt

• Rape
• Unnatural offence
• Evidence
• Standard of proof
• Child victim
• Confession

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20190927 TZCA Tanga

Court

TZCA

Second appeal in an unnatural offence case. The Court upheld conviction, found charge-sheet defects curable, and enhanced the sentence to life imprisonment.

• Unnatural offence
• Defective charge sheet
• Credibility of witnesses
• Sentencing
• Child victim
• Criminal-appeal

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omary salum omary vs republic 2017 tzca 328 6 july 2017

Court

TZCA

The omission of section 131(3) of the Penal Code in the charge sheet, given the victim's age, deprived the appellant of sufficient information regarding the charge and punishment, rendering the proceedings a nullity.

Source excerpt

• Defective charge sheet
• Rape
• Child victim
• Procedural fairness

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20170705 TZCA Mtwara2

Court

TZCA

Failure to cite section 131(3) of the Penal Code in the charge sheet, where the victim was under ten years old, deprived the appellant of sufficient information regarding the charge and punishment, rendering the proceedings a nullity and vitiating the trial.

Source excerpt

• Defective charge sheet
• Rape
• Nullification of proceedings
• Powers of revision
• Child victim

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fuku lusamla vs republic 2015 tzca 392 7 december 2015

Court

TZCA

The unbroken chain of circumstantial evidence, including the appellant's presence, the victim's injuries, and the appellant's suspicious conduct, irresistibly points to the appellant as the perpetrator, making the conviction and sentence proper even without the victim's testimony.

Source excerpt

• Rape
• Circumstantial evidence
• Child victim
• Sentencing enhancement

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fuku lusamla vs republic 2015 tzca 117 4 december 2015

Court

TZCA

The unbroken chain of circumstantial evidence irresistibly pointed to the appellant as the perpetrator of the rape, and the absence of the victim's testimony due to tender age did not preclude conviction.

Source excerpt

• Rape
• Circumstantial evidence
• Child victim
• Sentencing enhancement

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20151204 TZCA Tabora

Court

TZCA

The unbroken chain of circumstantial evidence, including the appellant's presence, the victim's injuries, and the appellant's suspicious conduct, irresistibly pointed to the appellant as the perpetrator, justifying conviction and sentence even without the victim's testimony.

Source excerpt

• Rape
• Circumstantial evidence
• Child victim
• Sentencing enhancement

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