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Tanzania decisions
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The plea of guilty was equivocal and the prosecution failed to tender a mandatory Government Chemist report, rendering the conviction and sentence unlawful.
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The High Court allowed a criminal appeal after finding the guilty plea was improperly taken because the trial court did not explain each ingredient of the offence.
The appellant's plea was unequivocal as he admitted to the facts, including the age of the victim, which were read and explained to him. The charge sheet and facts established all elements of the offence. The trial court did not err in law in treating the plea as guilty. The appeal lacks merit and is dismissed.
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The prosecution failed to prove all elements of the offence of stealing beyond reasonable doubt, as there was no concrete evidence linking the appellant to the theft, nor proof of intent to permanently deprive the owner. The conviction and sentence were unjustified and must be quashed.
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The High Court granted an application to extend time for filing a notice of appeal and appeal out of time, finding sufficient reasons for the delay.
The applicant demonstrated good cause for the delay, as the notice of appeal was misplaced in prison and could not be traced despite efforts, justifying extension of time.
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Failure by the successor magistrate to comply with section 214(1) of the CPA by not recording reasons for taking over the case renders the proceedings, conviction, and sentence a nullity.
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Applicant demonstrated good cause for delay due to reliance on prison authorities and delay in obtaining judgment and proceedings; extension of time granted.
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The High Court allowed a criminal appeal, finding the appellants’ guilty plea unsafe and quashing their convictions and prison sentences.
Applicant demonstrated sufficient cause for delay due to reliance on prison officers; court exercised discretion to grant extension of time.
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