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Tanzania decisions
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The High Court allowed the appeal, quashed burglary and stealing convictions, and set aside the sentences after finding a defective charge and insufficient proof.
The prosecution proved beyond reasonable doubt that the appellant committed rape and unnatural offence against a child aged 10 years, based on the credible and corroborated testimony of the victim and supporting medical and documentary evidence. The trial court properly recorded the child's testimony after testing competency. Identification was proper as the accused was known to the victim. The omission to specify whether sentences run concurrently was an irregularity curable by law, and sentences should run concurrently.
Source excerpt
The Court of Appeal upheld a rape conviction, held charge defects were curable, refused new grounds not raised below, and confirmed concurrent 30-year sentences.
The High Court upheld a conviction for unlawful possession of firearms and ammunition, but ordered the two seven-year sentences to run concurrently.
The High Court upheld James Michael’s conviction for house breaking and stealing, but varied the sentence so the terms would run concurrently, reducing custody to five years.
The High Court of Tanzania at Mwanza dismissed a bail pending appeal application, holding that the appellants had not shown exceptional circumstances or obvious grounds of success.
Conviction upheld as there was evidence beyond opinion on speed, including appellant driving on wrong side and corroborated by witnesses and sketch map; sentences not manifestly excessive given circumstances and statutory maximum.
Source excerpt
The High Court upheld convictions for forgery, uttering false documents, and stealing by public servant, but ordered the sentences to run concurrently.
The Court of Appeal has no jurisdiction to entertain the application for concurrent sentences as there is no appeal before it; its powers are limited to dealing with appeals and making orders incidental thereto.
Source excerpt
The Court of Appeal held it had no jurisdiction to order concurrent prison sentences where no appeal was before it, and refused the application.
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