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Tanzania decisions
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High Court upheld a conviction for impregnating a schoolgirl, finding the victim’s credible evidence and medical proof sufficient, but reduced the 30-year sentence to three years.
The Court of Appeal dismissed a criminal appeal for unnatural offence, holding that the magistrate change caused no material prejudice and the offence was proved beyond reasonable doubt.
The High Court allowed a criminal appeal, quashing convictions for rape and grievous harm after finding the prosecution evidence insufficient and the complainant’s credibility inadequately addressed.
The trial magistrate was entitled to believe the complainant's account over the appellant's, and the circumstances did not require corroboration beyond the complainant's credible testimony. The statutory minimum sentence was properly imposed.
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The conviction was unsafe because both the trial and first appellate courts failed to consider the need for corroboration in sexual offences, did not warn themselves of the danger of convicting on uncorroborated evidence, and the identification of the accused was not sufficiently established.
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Court of Appeal held the High Court wrongly summarily dismissed a rape appeal and quashed the conviction after finding unresolved factual and evidentiary issues.
Criminal appeal against a rape conviction. The High Court upheld the identification evidence, accepted the complainant’s testimony, and confirmed the five-year sentence.
The High Court dismissed a criminal appeal against a defilement conviction, holding that the complainant’s evidence was credible and corroborated, and confirmed the sentence.
Conviction for indecent assault cannot be sustained where there is no corroboration of complainant's testimony and the trial magistrate failed to direct himself on the need for corroboration; such omission is prejudicial and unsafe to support conviction.
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