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Tanzania decisions
Decisions matching the current search
Court of Appeal of Tanzania dismissed a criminal appeal for unlawful possession of elephant tusks, but revised the fine to match the Wildlife Act.
The conviction was upheld because the evidence of the victim, corroborated by medical and circumstantial evidence, proved the offence of rape beyond reasonable doubt. Failure to call additional witnesses was not fatal as the evidence adduced was credible and sufficient. The appellant's defence was considered and found not to raise reasonable doubt.
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The conviction was quashed because both the trial and appellate courts failed to properly consider the appellant's defence, depriving him of a fair hearing as required by law.
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The High Court allowed a criminal appeal, set aside convictions for burglary and stealing, and ordered the appellants freed because the evidence was insufficient and uncorroborated.
The evidence from the victim and corroborating witnesses proved penetration, identity, and age; consent was irrelevant due to victim's age; appellant's defence was considered and found to be a general denial; conviction and sentence were justified.
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The conviction was based on the testimony of an incompetent child witness and hearsay evidence, with no independent evidence placing the appellant at the scene. The trial court failed to conduct the required intelligence test and did not determine the age of the child witness, rendering the evidence inadmissible. The defence was not considered, constituting a fatal error.
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There was no credible accomplice evidence or corroboration linking the appellant to the offence. The identification of the stolen property was unsatisfactory, and the defence was not properly considered. The prosecution failed to prove the case beyond reasonable doubt.
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