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Tanzania decisions
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High Court dismissed a criminal appeal against a life sentence for unnatural offence, upholding the charge sheet, the victim’s evidence, and the conviction.
The conviction was quashed because it was based on inadmissible hearsay and uncorroborated accomplice evidence, with no direct evidence linking the appellant to the crime, and the prosecution failed to prove the case beyond reasonable doubt.
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The High Court upheld a conviction for malicious damage to property but reduced compensation from TZS 3,500,000 to TZS 1,500,000.
The High Court dismissed an application to extend time to appeal in a land matter, holding the applicant failed to show good cause and relied on hearsay evidence.
The High Court allowed a criminal appeal, setting aside a conviction for grave sexual abuse after finding the prosecution evidence insufficient and doubtful.
The applicants failed to provide a credible and admissible explanation for the delay in filing the amended record of appeal, as their supporting affidavit was replete with hearsay and lacked necessary corroboration. The applicants' inaction and reliance on being notified by the registry were unreasonable, and no justifiable grounds for extension of time were established.
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Paragraphs 6 and 10 of the applicant’s affidavit offend the law on affidavits but do not constitute substantive parts; thus, they can be expunged or overlooked, allowing the court to proceed with the substantive affidavit.
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The High Court allowed a criminal appeal for incest after finding the child complainant’s evidence had not been properly tested for competence and credibility.
After expunging the victim's evidence, the remaining prosecution evidence was insufficient and incapable of proving that the appellant committed the offence of rape. The conviction could not be sustained on hearsay and circumstantial evidence that did not directly connect the appellant to the crime.
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The conviction was quashed because the prosecution evidence was contradictory and at variance with the charge sheet regarding the dates of the alleged offence, and the only direct evidence was not credible or sufficient to prove the charge beyond reasonable doubt.
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