Tanzania Case Law

CRIMINAL APPEAL NO

Court

TANZLII

The conviction was based on the testimony of PW1, a 15-year-old, which was taken without oath or affirmation contrary to section 198(1) of the Criminal Procedure Code. Such evidence is inadmissible and must be expunged. The remaining evidence was hearsay and insufficient to prove the charge beyond reasonable doubt. Therefore, the conviction and sentence could not stand.

Source excerpt

• Indecent assault
• Evidence law
• Procedure for child witnesses
• Standard of proof
• Hearsay evidence

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CR

Court

TANZLII

The evidence of the child witnesses was received contrary to mandatory statutory requirements, rendering it illegal and expunged. The remaining evidence was insufficient to sustain a conviction. A retrial was not warranted as it would allow the prosecution to fill evidentiary gaps, contrary to established principles. The conviction and sentence were quashed and the appellant ordered released.

Source excerpt

• Indecent assault
• Competency of child witnesses
• Voire dire procedure
• Retrial principles
• Procedural irregularity

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shani chamwela suleiman vs republic 2022 tzca 592 28 september 2022

Court

TZCA

The Court of Appeal of Tanzania upheld convictions for indecent assault of a boy under 14 and unnatural offence, finding the victim’s evidence credible and corroborated.

• Indecent assault
• Unnatural offence
• Sexual offences against minors
• Standard of proof in criminal cases
• Credibility of witnesses
• Criminal-law

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balole simba vs republic 2021 tzca 380 17 august 2021

Court

TZCA

The Court of Appeal quashed Balole Simba’s conviction after finding a fatal procedural defect in charge substitution and improper admission of a cautioned statement.

• Robbery with violence
• Indecent assault
• Substitution of charge
• Procedural irregularity
• Admission of evidence
• Retrial

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ally msuya vs republic 2020 tzhc 1046 12 may 2020

Court

TZHC

The High Court allowed a criminal appeal, quashed an indecent assault conviction, and ordered refund of the fine after finding the charges and proof insufficient.

• Rape
• Indecent assault
• Double jeopardy
• Burden of proof
• Criminal-appeal
• Indecent-assault

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fred so nyenzi vs republic 2019 tzca 95 3 may 2019

Court

TZCA

The Court of Appeal quashed a conviction for attempted rape and indecent assault, holding that both counts were fatally defective for omitting essential ingredients.

• Defective charge sheet
• Attempted rape
• Indecent assault
• Revisional jurisdiction
• Section 388 criminal procedure act
• Section 4(2) appellate jurisdiction act

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sengimana malaki yarabi vs republic 2014 tzhc 2233 19 august 2014

Court

TZHC

The High Court of Tanzania allowed the appeal in part, quashed the rape conviction, and substituted it with indecent assault, finding rape was not proved beyond reasonable doubt.

• Rape
• Indecent assault
• Standard of proof
• Presumption of innocence
• Corroboration of evidence
• Criminal-law

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hamis yahaya vs republic 2013 tzhc 2048 29 august 2013

Court

TZHC

The High Court quashed a guilty plea conviction for attempted rape and indecent assault, finding the facts were insufficient and the plea not unequivocal.

• Attempted rape
• Indecent assault
• Plea of guilty
• Insanity defense
• Procedure on plea
• Appeal procedure

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peter kosianga kiwe vs republic 2013 tzca 464 17 june 2013

Court

TZCA

The Court of Appeal quashed a rape conviction for failure to prove penetration, expunged an improperly admitted PF3, and substituted indecent assault.

• Rape
• Indecent assault
• Evidence
• Appeals
• Criminal-law
• Criminal-appeals

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20101025 TZHC Dar es Salaam

Court

TZHC

The High Court allowed a criminal appeal, quashed convictions for armed robbery and indecent assault, and ordered the appellant’s release.

• Armed robbery
• Indecent assault
• Identification evidence
• Burden of proof
• Criminal procedure
• Criminal-law

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