Tanzania Case Law

MATEI GEORGE MPONDELA VERSUS RUPBLIC JUDGMENT

Court

TANZLII

The prosecution failed to prove the charge of unnatural offence beyond reasonable doubt, and the trial court erred by convicting for grave sexual abuse without establishing its essential elements. The defence evidence was not properly considered, and the burden of proof was wrongly shifted to the accused. The conviction and sentence are nullified.

Source excerpt

• Unnatural offence
• Grave sexual abuse
• Burden of proof
• Cognate offences
• Defence evidence
• Charge amendment

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steven kapinga v the republic 2023 tzhc 21908 19 october 2023

Court

TZHC

High Court criminal appeal dismissed: conviction and 30-year sentence for incest by male were upheld after the court found the prosecution proved the case beyond reasonable doubt.

• Incest
• Sexual offences
• Standard of proof
• Evaluation of evidence
• Defence evidence
• Sexual-offences

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athumani muna vs republic 2010 tzhc 169 15 november 2010

Court

TZHC

The appellant was denied a fair trial because the trial court failed to summon his defence witnesses and did not comply with mandatory procedural requirements, rendering the proceedings a nullity.

Source excerpt

• Right to fair trial
• Procedure in criminal trials
• Defence evidence
• Remittal for retrial

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