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Tanzania decisions
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The High Court upheld a conviction for malicious damage to property but reduced compensation from TZS 3,500,000 to TZS 1,500,000.
The Court of Appeal partly allowed a criminal appeal, quashing convictions for stealing cattle but upholding convictions for injuring animals against two appellants.
The High Court upheld the first appellant’s armed robbery conviction but quashed the second appellant’s conviction for insufficient identification evidence.
The High Court upheld a conviction for malicious damage, held the charge sheet was not defective, and set aside a retrial order.
The conviction of the 1st appellant was quashed as the evidence was based on suspicion and not sufficient to prove theft beyond reasonable doubt. The conviction of the 2nd appellant was sustained as he was entrusted with the motorcycle and failed to prevent its theft by negligently placing it in an insecure room.
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The Court of Appeal of Tanzania quashed a rape conviction, holding that contradictions and weaknesses in the prosecution evidence meant the offence was not proved beyond reasonable doubt.
The High Court allowed this criminal appeal, quashing convictions against Kahama Mining Corporation Ltd for disobedience of statutory duty and setting aside salary-payment orders.
Conviction for criminal trespass is upheld as ownership was settled and evidence supported trespass; conviction for malicious damage to property is quashed due to lack of evidence of damage and value, and the order for compensation is set aside.
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Second appeal against a criminal conviction for malicious damage to property. The High Court allowed the appeal, setting aside the conviction, sentence, compensation, and costs.
The conviction was quashed due to serious procedural irregularities: failure to comply with mandatory requirements on succession of magistrates and child witness evidence, and premature closure of the prosecution case, rendering the trial unfair.
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