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Tanzania decisions
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The High Court allowed a criminal appeal after finding a material mismatch between the charge and the evidence on the date of the alleged offence.
The appellant was properly identified after hot pursuit from the scene of the crime, the victim's evidence was corroborated by medical testimony, and the prosecution proved penetration and age below 18 years. Procedural irregularities did not occasion miscarriage of justice or affect admissibility of evidence under amended law.
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Prosecution failed to prove all essential ingredients of armed robbery beyond reasonable doubt, particularly regarding nature of violence and identification of accused; contradictions in identification parade evidence and flawed confession statement rendered conviction unsafe.
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The appellant was not properly identified by PW1 as the perpetrator; identification parade was unlawful, no prior description was given, and evidence of identification was unreliable. The prosecution failed to prove the charge beyond reasonable doubt.
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The High Court allowed Michael John’s first criminal appeal, finding the theft conviction unsafe because the prosecution evidence and identification were unreliable.
The trial was vitiated by failure to amend the charge to reflect the minor's age and lack of social welfare officer attendance; material contradictions existed between the charge and evidence regarding the crops damaged; identification evidence was insufficient and not free from the possibility of mistaken identity; prosecution failed to prove the offence beyond reasonable doubt.
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The prosecution failed to prove the case beyond reasonable doubt due to weak identification evidence and failure to call a material witness, making it unsafe to convict the appellant.
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The High Court upheld Abdallah Muna’s 30-year sentence for incest by male, finding the victim’s identification and evidence proved the offence beyond reasonable doubt.
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.
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The High Court dismissed a criminal appeal against a life sentence for unnatural offence, finding the prosecution proved the case beyond reasonable doubt.
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