107
The High Court allowed a criminal appeal after finding a material variance between the charge sheet and witness evidence on the date of the alleged rape.
- Rape
- Burden of proof
- Evidence variance
- Criminal-law
- Burden-of-proof
- Evidentiary-variance
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erick mathias yaulimwengu vs republic 2023 tzca 17955 13 december 2023
The prosecution failed to prove the offence of armed robbery beyond reasonable doubt due to failure to call key witnesses, material variance between charge and evidence, and improper admission of exhibits, resulting in a miscarriage of justice and necessitating acquittal.
Source excerpt
- Armed robbery
- Standard of proof
- Evidence variance
- Admissibility of exhibits
- Fair trial
CIVIL APPEAL NO
The appellant failed to prove ownership as pleaded; evidence led was contrary to pleadings and no amendment was sought. The High Court correctly quashed and set aside the DLHT judgment, and the appeal lacks merit.
Source excerpt
- Ownership dispute
- Pleadings
- Evidence variance
- Operation vijiji
19701118 TZHC Mwanza6
The High Court allowed a criminal appeal, holding the charge was defective, the evidence varied from the particulars, and the complainant was not a public servant.
- False information
- Public service employment
- Defective charge
- Evidence variance
- Criminal-law
- Defective-charge
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