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Tanzania Case Law

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Criminal law Criminal Appeal No

Criminal Appeal No

The prosecution failed to prove penetration, a crucial element of the offence, beyond reasonable doubt due to inconsistencies and lack of credible evidence from the victim and the medical witness. Therefore, the conviction cannot stand.

  • Unnatural offence
  • Sodomy
  • Sexual offences against children
  • Burden of proof
  • Credibility of witnesses
  • Medical evidence in sexual offences
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Criminal law ally nassoro majala mzee wa pazo vs republic 2022 tzhc 15384 15 december 2022

ally nassoro majala mzee wa pazo vs republic 2022 tzhc 15384 15 december 2022

The prosecution failed to prove the case beyond reasonable doubt due to non-compliance with section 127(2) of the Evidence Act in recording child witness evidence, lack of credibility and consistency in victim testimonies, and insufficient medical evidence. The illegally admitted evidence was expunged, leaving only hearsay and inconclusive medical evidence, which could not sustain a conviction.

  • Unnatural offence
  • Standard of proof
  • Child witness testimony
  • Compliance with evidence act
  • Medical evidence in sexual offences
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Criminal law CRIMINAL APPEAL NO

CRIMINAL APPEAL NO

The conviction for statutory rape was upheld because the evidence of the victim and her mother was credible, procedural complaints were unfounded or immaterial, and discrepancies in medical evidence were minor and did not undermine the prosecution case. New grounds of appeal were disregarded as they were not raised in the first appellate court.

  • Statutory rape
  • Credibility of witnesses
  • Medical evidence in sexual offences
  • Procedural irregularities
  • Grounds of appeal
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Criminal law Sheka

Sheka

The conviction was unsafe because the prosecution failed to strictly prove the age of the victim, a vital ingredient in statutory rape, and the credibility of the key witnesses was doubtful. The absence of medical evidence and reliable proof of age rendered the prosecution's case unproven beyond reasonable doubt.

  • Rape
  • Standard of proof
  • Hearsay evidence
  • Proof of age
  • Medical evidence in sexual offences
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.