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Tanzania decisions
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The conviction was unsafe due to misdirection and misapprehension regarding the credibility of prosecution witnesses, particularly the unexplained delay in reporting and inconsistencies in evidence.
Source excerpt
The High Court dismissed a criminal appeal against conviction and 30-year sentence for impregnating a secondary school girl, finding the prosecution proved its case.
Applicant demonstrated good cause for delay due to prison transfers and lack of communication, and respondent did not object; court exercised discretion to grant extension of time.
Source excerpt
The appeal was dismissed because the prosecution proved beyond reasonable doubt that the appellant raped and impregnated a 16-year-old schoolgirl, and the absence of DNA evidence or birth certificate did not undermine the proof. The trial court's failure to evaluate the defence or procedural irregularities in sentencing did not occasion injustice as the right to be heard was observed and the evidence was credible.
Source excerpt
The Court of Appeal set aside the conviction for impregnating a schoolgirl, but upheld the rape conviction and 30-year sentence.
The Court of Appeal quashed Abraham Wilson Kaaya’s convictions, finding the prosecution evidence insufficient because of material contradictions and an unsafe credibility assessment.
The Court of Appeal allowed a second criminal appeal, finding the complainant’s delayed naming of the appellant without explanation made her evidence unreliable.
The High Court allowed a criminal appeal, quashed a rape conviction and set aside a 30-year sentence after finding a material variance in the date alleged.
The Court of Appeal upheld the conviction for rape and impregnating a schoolgirl, but reduced the second-count sentence from 30 years to 6 years.
The Court of Appeal upheld Shagi Mang'oma’s conviction for impregnating a schoolgirl, but reduced his sentence from 30 years to 6 years after finding the maximum term excessive.
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