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Tanzania decisions
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The Court of Appeal held that quashing the conviction discharged the forfeiture order and struck out the Republic’s ground of appeal for lack of a cross-appeal.
High Court appeal in a bank armed robbery case: five appellants’ convictions were upheld and enhanced to life imprisonment, while one appellant’s appeal was allowed.
The convictions for conspiracy to commit felony and armed robbery were upheld based on admissible evidence, including a properly admitted statement under section 34(B)(2) of the Evidence Act and corroborated accomplice testimony. The sentence for conspiracy was reduced to three years as the original ten-year sentence exceeded the statutory maximum. Conviction and sentence for possession of suspected stolen goods were quashed due to duplicity with the armed robbery charge.
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The High Court allowed a criminal appeal, holding that suspicion alone could not support conviction and that doubt over who stole the money had to favour the appellant.
The conviction of the appellant was based on a misdirection regarding her role as a teller and improper reliance on the co-accused's exculpatory statement as a confession. There was no admissible or corroborative evidence placing the appellant at the scene or in the role required to commit the offences. The High Court failed to re-appraise the evidence, and the appellant was not shown to have committed the offences charged.
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Sentences imposed exceeded statutory powers of the subordinate court; proper sentence is five years imprisonment on each count, to run consecutively, due to special circumstances outweighing mitigating factors.
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The High Court partly allowed a criminal appeal, quashing convictions of two appellants for insufficient evidence while upholding convictions of two others for stealing sugar in transit.
The High Court at Tanga dismissed a criminal appeal, upholding convictions and consecutive three-year sentences for offenses including stealing by servant.
The High Court of Tanzania upheld Salim Ali Kibaraza’s conviction for stealing by servant and related offences, finding he failed to explain payment for non-existent coffee bags.
The High Court allowed the criminal appeal, quashed the conviction for attempted stealing, and set aside the three-year sentence for lack of proof.
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