Tanzania Case Law

baraka john dayo vs the republic 2024 tzhc 563 29 february 2024

Court

TZHC

The prosecution proved beyond reasonable doubt that the appellant raped a girl aged 9 years, as established by the victim's testimony, corroborated by medical evidence, and the mother's testimony on age. The trial court complied with section 127(2) of the Evidence Act. The sentence imposed was unlawful as the correct punishment for rape of a girl under ten is life imprisonment under section 131(3) of the Penal Code. The defect in the charge sheet did not prejudice the appellant and is curable under section 388(1) of the CPA.

Source excerpt

• Rape
• Evidence of children
• Statutory rape
• Sentencing
• Criminal procedure

Read case analysis

DC

Court

TANZLII

The conviction was quashed because the evidence of the two key child witnesses was not properly recorded as required by law, and after expunging their evidence, the remaining evidence was insufficient to prove the offence. Additionally, the sentence imposed was unlawful given the appellant's age at the time of the offence.

Source excerpt

• Rape
• Evidence of children
• Sentencing of young offenders
• Procedure for recording child testimony

Read case analysis

Jdg Cr

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant carnally knew the victim, a girl aged 12, thus committing the offence of rape under section 130(1)(2)(e) of the Penal Code. The evidence of the victim, corroborated by medical and witness testimony, was credible and sufficient. Procedural irregularities in recording evidence of a child and a deaf-dumb witness did not render the evidence inadmissible or unreliable under the current law.

Source excerpt

• Rape
• Evidence of children
• Evidence of persons with disabilities
• Adverse inference from silence
• Statutory interpretation

Read case analysis

babu so abdullahaman msuya vs republic 2023 tzca 18017 22 december 2023

Court

TZCA

The Court of Appeal allowed a rape appeal after finding the child complainant’s evidence was taken in breach of section 127(2) of the Evidence Act and was inadmissible.

• Rape
• Evidence of children
• Procedural irregularity
• Standard of proof
• Child-witness-evidence
• Evidence-act

Read case analysis

fadhili hussein mohamed vs republic 2023 tzhc 22852 30 october 2023

Court

TZHC

The evidence of the child witness did not comply with section 127(2) of the Evidence Act as the promise was based on fear of sin rather than an informed promise not to tell lies; the trial court failed to consider the defence evidence, which is a fatal omission; the conviction cannot stand and the appellant must be released.

Source excerpt

• Rape
• Evidence of children
• Standard of proof
• Judgment writing
• Fair trial

Read case analysis

masali lukanya another vs republic 2023 tzca 17745 6 october 2023

Court

TZCA

Court of Appeal allowed a robbery appeal after finding flawed child-witness reception and inadequate visual identification evidence at midnight.

• Armed robbery
• Grievous harm
• Visual identification
• Evidence of children
• Standard of proof
• Evaluation of defence

Read case analysis

tunuel bosco sangana v the republic 2023 tzhc 20456 28 august 2023

Court

TZHC

High Court appeal in a rape conviction from Mbinga District Court was dismissed after the court found penetration proved and upheld the 30-year sentence.

• Rape
• Evidence of children
• Standard of proof
• Statutory rape
• Appeals
• Child-witness-evidence

Read case analysis

bony sanga vs republic 2023 tzhc 20371 11 august 2023

Court

TZHC

High Court dismissed a rape appeal, upholding conviction and life sentence after finding the child complainant’s age, evidence, and corroboration were sufficiently proved.

• Rape
• Evidence of children
• Credibility of witnesses
• Procedure in criminal trials
• Appeals
• Child-witness-evidence

Read case analysis

final Judgment STEPHANO EVOD MBOYA Tanzlii

Court

TANZLII

The trial court properly conducted the inquiry for child witnesses, the identification of the accused was reliable and based on recognition, the prosecution proved the charge beyond reasonable doubt with credible direct evidence, and the omission to call additional witnesses or admit PF3 did not affect the conviction.

Source excerpt

• Unnatural offence
• Evidence of children
• Visual identification
• Standard of proof
• Admissibility of medical evidence

Read case analysis

ado stephan njitango vs republic 2023 tzhc 20041 30 june 2023

Court

TZHC

The High Court allowed a rape conviction appeal, holding the child complainant’s evidence was improperly recorded under section 127(2) and the remaining proof was hearsay.

• Rape
• Evidence of children
• Standard of proof
• Contradictions in evidence
• Admissibility of exhibits
• Child-witness-evidence

Read case analysis