Tanzania Case Law

DIDAS MAGESA FINAL 1 PR

Court

TANZLII

The prosecution proved the offence of unnatural offence beyond reasonable doubt through coherent and credible evidence from the victim and supporting witnesses, corroborated by medical examination. The appellant failed to prove impotence, and alleged contradictions in evidence were immaterial. Medical evidence established penetration but not identity; however, the appellant was caught at the scene, confirming identity.

Source excerpt

• Unnatural offence
• Sexual offences
• Evidence
• Burden of proof
• Potency
• Medical examination

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Rashid Ramadhani Kibata Scanned

Court

TANZLII

The conviction was quashed because the prosecution failed to prove penetration, an essential element of rape, beyond reasonable doubt, as the medical report was prepared by a nurse who was not legally competent to do so, rendering the report inadmissible and insufficient to establish the offence.

Source excerpt

• Rape
• Evidence
• Medical examination
• Standard of proof

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godfrey mahona vs republic 2017 tzca 359 16 august 2017

Court

TZCA

Second appeal in a rape conviction. The Court upheld the conviction and sentence, found the notice of appeal was timely, set aside compensation, and expunged an inadmissible cautioned statement.

• Rape
• Procedure for notice of appeal
• Compensation order
• Admissibility of evidence
• Medical examination
• Criminal-appeal

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omary so masanika vs republic 2017 tzhc 2069 31 july 2017

Court

TZHC

The High Court allowed a criminal appeal against a rape conviction, quashing the conviction and setting aside the 30-year sentence for lack of proof on age and evidential defects.

• Rape
• Evidence
• Age determination
• Medical examination
• Criminal-law
• Age-determination

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republic vs hana do muhelelwa 2015 tzca 548 16 december 2015

Court

TZCA

Failure to comply with section 220(3) and (4) of the Criminal Procedure Act by not admitting the medical report and making findings on insanity renders the proceedings irregular and necessitates quashing the order and remitting the matter for proper compliance.

Source excerpt

• Insanity
• Preliminary hearing
• Medical examination
• Procedural irregularity

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republic vs hana do muhelelwa 2015 tzca 472 16 december 2015

Court

TZCA

Failure to comply with section 220(3) and (4) of the CPA regarding medical examination and findings on insanity renders the preliminary hearing proceedings irregular and invalid.

Source excerpt

• Insanity
• Preliminary hearing
• Medical examination
• Revision proceedings

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republic vs hanad do muhelelwa 2015 tzca 85 10 december 2015

Court

TZCA

Failure to comply with section 220(3) and (4) of the Criminal Procedure Act by not admitting the medical report and making findings on insanity renders the proceedings irregular and necessitates quashing the order and remitting the case for proper procedure.

Source excerpt

• Insanity
• Preliminary hearing
• Medical examination
• Procedural irregularity

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19890303 TZHC Mtwara

Court

TZHC

The High Court dismissed two criminal appeals against rape convictions, holding that credible direct and corroborative evidence proved the case beyond reasonable doubt.

• Rape
• Evidence
• Medical examination
• Identification
• Criminal-law
• Medical-evidence

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19730531 TZHC Mwanza

Court

TZHC

The High Court quashed a rape conviction, finding the evidence unsafe because of doubtful identification, delayed reporting, and no medical examination.

• Rape
• Evidence
• Identification
• Medical examination
• Burden of proof
• Criminal-law

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