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Tanzania decisions
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The trial court erred by convicting the appellant as charged without substituting the charge for the lesser offence proved, but the omission is curable as no failure of justice occurred; evidence supported conviction for assault occasioning actual bodily harm, not grievous harm.
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The High Court quashed a stealing-by-servant conviction because the appellant was convicted of a sum not charged and without a fair chance to defend.
The magistrate erred in ruling that the respondent had no case to answer on counts (2) and (3); a prima facie case of simple theft under section 265 was made out and the respondent should be called upon for his defence.
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