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Tanzania decisions
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The High Court upheld a rape and assault conviction, finding the victim’s testimony, medical evidence, and identification evidence proved the charges beyond reasonable doubt.
The Court of Appeal of Tanzania allowed a second criminal appeal, finding the armed robbery conviction unsafe because identification was unreliable and key exhibits were unusable.
The High Court allowed a criminal appeal, holding that the identification parade had no value because the child witness gave no prior description of the suspect.
The prosecution failed to prove the charges beyond reasonable doubt due to material contradictions in evidence, improper identification procedures, failure to call material witnesses, and inconsistencies between the charge sheet and witness testimony. Doubts arising from these deficiencies must be resolved in favour of the accused.
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Appeal dismissed as prosecution proved all elements of armed robbery beyond reasonable doubt; identification parade was unnecessary since victim knew appellants; failure to tender weapon or stolen property does not affect conviction.
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High Court allowed a rape conviction appeal, finding material contradictions and unreliable identification evidence, and quashed the conviction and sentence.
The victim's evidence was found wanting due to credibility issues, specifically the victim's admission that his grandmother instructed him to implicate the appellant, and discrepancies in the medical evidence. These weaknesses undermined the prosecution's case and raised reasonable doubt, warranting the quashing of the conviction and sentence.
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The High Court allowed a criminal appeal after finding procedural irregularities, no proof of the complainant’s age, and no identification parade in a stranger identification case.
The Court of Appeal allowed a murder appeal, finding the visual identification unreliable and the identification parade improper, so the conviction and death sentence were quashed.
The conviction and sentence were quashed because the identification of the appellants was not watertight, being marred by stressful circumstances, lack of detailed description, and procedural flaws in the identification parade. The prosecution failed to prove beyond reasonable doubt that the appellants committed the offence of armed robbery.
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