Tanzania Case Law

Criminal Appeal No

Court

TANZLII

The appellant's conviction was upheld because the confession was found to be voluntary, true, and corroborated by other evidence. Procedural irregularities in the preliminary hearing did not cause a miscarriage of justice. The appellant's defence was considered and found not to cast doubt on the prosecution's case. The prosecution proved the offences of housebreaking and stealing beyond reasonable doubt.

Source excerpt

• Housebreaking
• Stealing
• Confession evidence
• Criminal procedure
• Burden of proof
• Admissibility of evidence

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bilieli patrick vs republic 2023 tzhc 22740 17 november 2023

Court

TZHC

The High Court allowed a criminal appeal, quashed convictions for housebreaking and stealing, and set aside prison sentences for failure to prove the case.

• Housebreaking
• Stealing
• Proof beyond reasonable doubt
• Failure to call key witnesses
• Consideration of defence
• Criminal-appeal

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thabit said juma vs republic 2023 tzhc 282 2 february 2023

Court

TZHC

The appellant's plea of guilty was unequivocal and properly recorded; therefore, the prosecution was not required to prove the case beyond reasonable doubt or call witnesses. The conviction and sentence were proper and the appeal has no merit.

Source excerpt

• Plea of guilty
• Standard of proof
• Appeal on conviction
• Housebreaking
• Theft

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ashiraka nahamala milias vs republic 2021 tzca 238 8 june 2021

Court

TZCA

The Court of Appeal upheld the conviction for housebreaking and stealing, finding constructive possession and recent possession proved, while expunging an invalid seizure certificate.

• Housebreaking
• Stealing
• Doctrine of recent possession
• Constructive possession
• Proof of ownership
• Procedural compliance

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CRIMINAL APPEAL NO

Court

TANZLII

The convictions for housebreaking and stealing were quashed because the prosecution failed to prove the offences beyond reasonable doubt: the evidence for housebreaking supported burglary, not the charged offence, and the evidence for stealing was inadmissible and insufficient to establish ownership or recent possession of the stolen property.

Source excerpt

• Housebreaking
• Stealing
• Doctrine of recent possession
• Proof of ownership
• Burden of proof
• Evidence admissibility

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CRIMINAL APPEAL NO

Court

TANZLII

The convictions were quashed because the prosecution failed to prove the charged offences beyond reasonable doubt: the first count was not proved due to variance between the charge (housebreaking) and evidence (burglary), and the second count failed due to inadmissible and insufficient evidence, including lack of proper identification and proof of ownership of the allegedly stolen property, and improper application of the doctrine of recent possession.

Source excerpt

• Housebreaking
• Stealing
• Burglary
• Doctrine of recent possession
• Proof of ownership
• Evidence admissibility

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republic vs noel sijila others 2017 tzhc 2228 14 august 2017

Court

TZHC

The charge sheet was defective for charging both housebreaking and burglary simultaneously and failing to disclose essential ingredients, and the prosecution did not prove theft beyond reasonable doubt; therefore, convictions and sentences are quashed.

Source excerpt

• Defective charge
• Burglary
• Housebreaking
• Theft
• Proof beyond reasonable doubt

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20170731 TZHC Dar es Salaam 1

Court

TZHC

The High Court dismissed a criminal appeal, upholding convictions for housebreaking and malicious damage after finding the appellant was properly identified and alibi unproved.

• Housebreaking
• Malicious damage to property
• Visual identification
• Alibi
• Evidence evaluation
• Criminal-law

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20150724 TZHC Dar es Salaam2

Court

TZHC

The High Court allowed a criminal appeal, quashed a conviction under section 298(d), and set aside a 14-year sentence after finding charge defects and evidential weaknesses.

• Housebreaking
• Armed robbery
• Fair trial
• Burden of proof
• Evidence admissibility
• Identification parade

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mustapha darajani vs republic 2012 tzca 232 19 march 2012

Court

TZCA

The Court of Appeal allowed a criminal appeal, finding the identification evidence unsafe and the doctrine of recent possession improperly applied.

• Housebreaking
• Stealing
• Identification evidence
• Doctrine of recent possession
• Burden of proof
• Procedural irregularities

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