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Tanzania decisions
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The conviction was upheld as the evidence was credible, the grounds raised on appeal were not properly before the court, the sentence was revised to 30 years based on the victim's age, and there was no constitutional violation or improper application of law.
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The conviction was based on credible, unchallenged evidence and proper procedure; new grounds cannot be raised at appellate stage; the offence and penalty were lawful; sentence revised based on victim's age.
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The conviction was upheld because the prosecution proved beyond reasonable doubt that the stolen fan was the complainant's property, found in the appellant's possession within a reasonably recent period after the theft, and the appellant failed to provide a credible explanation. The sentence imposed was correct as per the law at the time of the offense, and not the amended statute.
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The sentence of 30 years imprisonment was illegal because it was based on a law enacted after the offence was committed. The correct sentence should be based on the law in force at the time of the offence. However, the appellate court is empowered to impose a greater sentence than the trial court could have imposed, and thus substituted a sentence of 15 years imprisonment.
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