Tanzania Case Law

FADHILI SHAIBU HALIDI Vs

Court

TANZLII

The prosecution proved beyond reasonable doubt all elements of unnatural offence under section 154(1)(a) of the Penal Code, including the victim's age, penetration, and identity of the appellant. Non-compliance with section 127(2) of the Evidence Act did not render the child witness's evidence inadmissible due to statutory amendment. Extrajudicial and cautioned statements were expunged for procedural flaws, but remaining evidence was sufficient. The defence did not raise reasonable doubt.

Source excerpt

• Unnatural offence
• Evidence of child witnesses
• Admissibility of statements
• Burden of proof
• Standard of proof

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Shaban Mohamed Msati Judgement

Court

TANZLII

The only evidence linking the appellant to the offence was that of the victim (PW2), which was found not credible due to contradictions, lack of timely disclosure, and circumstances casting doubt on her testimony. The prosecution failed to prove the case beyond reasonable doubt. The conviction and sentence were quashed and the appellant was ordered to be released.

Source excerpt

• Rape
• Evidence of child witnesses
• Standard of proof
• Credibility of witnesses
• Hearsay evidence
• Evaluation of evidence

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DAVID LABIA HANGO Vs

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant raped a child of tender age, with all statutory elements established through victim and corroborative evidence; procedural requirements for child witness and proof of age were satisfied.

Source excerpt

• Rape
• Evidence of child witnesses
• Proof of age
• Identification
• Medical evidence

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image4910

Court

TANZLII

The trial court failed to comply with the mandatory requirements of section 127(2) of the Evidence Act in recording the evidence of the child victim, rendering her evidence inadmissible and leaving the prosecution case unproven beyond reasonable doubt.

Source excerpt

• Rape
• Evidence of child witnesses
• Procedure in criminal trials

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Mohamed Jumanne

Court

TANZLII

The High Court allowed a criminal appeal after finding the child victim’s evidence was not properly recorded under section 127(2) of the Evidence Act and the remaining proof was insufficient.

• Rape
• Unnatural offence
• Evidence of child witnesses
• Standard of proof
• Procedure for recording child testimony
• Criminal-appeal

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CRIMINAL APPEAL MARWA

Court

TANZLII

The conviction was quashed because the testimony of the child victim was not properly admitted in accordance with Section 127(2) of the Evidence Act, rendering it of no evidential value, and there was no other evidence to prove the appellant's guilt beyond reasonable doubt.

Source excerpt

• Incest
• Evidence of child witnesses
• Standard of proof
• Criminal procedure

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ramadhani

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant committed an unnatural offence against a child; evidence of child witness was properly recorded; absence of social welfare officer did not invalidate trial; defence evidence was considered and did not raise reasonable doubt.

Source excerpt

• Unnatural offence
• Evidence of child witnesses
• Burden of proof
• Presence of social welfare officer

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muhidini kasimu msuya vs republic 2024 tzhc 120 31 january 2024

Court

TZHC

The High Court dismissed a criminal appeal against a life sentence for rape of a 4-year-old child, upholding the child witness evidence and trial findings.

• Rape
• Statutory rape
• Evidence of child witnesses
• Admissibility of evidence
• Sentencing
• Statutory-rape

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BERNADO HARRY V

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant committed an unnatural offence against a child, based on the credible testimony of the victim and corroborating evidence, and the failure to read aloud the PF3 did not vitiate the conviction as the remaining evidence was sufficient.

Source excerpt

• Unnatural offence
• Sexual offences
• Evidence of child witnesses
• Admissibility of exhibits
• Burden of proof

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CRIMINAL APPEAL NO

Court

TANZLII

The conviction was quashed and sentence set aside because the trial court failed to comply with mandatory statutory requirements for recording the evidence of child witnesses, rendering the proceedings a mistrial and necessitating a retrial before a different magistrate.

Source excerpt

• Rape
• Evidence of child witnesses
• Procedure in criminal trials
• Statutory interpretation
• Retrial

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