Tanzania Case Law

CRIMINAL APPEAL NO

Court

TANZLII

The evidence of PW1 and PW4 was credible, coherent, and corroborated. Relationship between witnesses does not affect credibility. The appellants actively participated in the killing, demonstrating common intention and malice aforethought. The prosecution proved its case beyond reasonable doubt. Mob justice does not absolve individual liability for murder when intention is established.

Source excerpt

• Murder
• Credibility of witnesses
• Burden of proof
• Malice aforethought
• Common intention
• Mob justice

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Criminal Sessions Case 72 of 2022 Judgment MrishaJ

Court

TANZLII

The prosecution failed to prove beyond reasonable doubt that the accused persons were properly identified as perpetrators of the murder, as the visual identification evidence was not watertight, lacked corroboration, and no identification parade was conducted. The cautioned statements could not corroborate weak identification evidence. Thus, the accused are acquitted.

Source excerpt

• Murder
• Burden of proof
• Visual identification
• Mob justice
• Acquittal

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petro masonda vs republic 2019 tzhc 2180 22 october 2019

Court

TZHC

The High Court quashed a conviction and sentence entered in absentia, finding a defective alternative charge, an illegal sentence, and procedural errors affecting the surety.

• Conviction in absentia
• Illegal sentencing
• Defective charge
• Surety liability
• Mob justice
• Admissibility of evidence

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20181008 TZCA Arusha2

Court

TZCA

The appellants were proved beyond reasonable doubt to have participated with malice aforethought in the murder of the deceased, as established by direct eyewitness testimony, the nature and use of weapons, and their utterances; minor inconsistencies did not affect the reliability of the prosecution case; the cautioned statements did not prejudice the appellants as they were not prosecution exhibits and the conviction was supported by other strong evidence.

Source excerpt

• Murder
• Malice aforethought
• Evidence
• Mob justice
• Identification of accused
• Admissibility of statements

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20030701 TZCA Mwanza

Court

TZCA

The conviction for murder could not be sustained because the dying declaration was wrongly admitted and the evidence only established that the appellant participated in inflicting injuries with others, not that he was solely responsible with malice aforethought. The conviction was substituted with manslaughter and a sentence of ten years imprisonment imposed.

Source excerpt

• Murder
• Manslaughter
• Self-defence
• Mob justice
• Dying declaration
• Admissibility of evidence

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20030409 TZCA Mbeya 2

Court

TZCA

The Court of Appeal of Tanzania quashed a murder conviction, finding material contradictions in prosecution evidence and no safe proof beyond reasonable doubt.

• Murder
• Standard of proof
• Identification evidence
• Contradictory evidence
• Mob justice
• Criminal-appeal

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19990610 TZCA Mbeya

Court

TZCA

The appellant alone inflicted fatal blows with a big bamboo stick, causing instant death; malice aforethought was proved beyond reasonable doubt, and the defense of mob justice was rejected based on reliable eyewitness and medical evidence.

Source excerpt

• Murder
• Malice aforethought
• Mob justice
• Mens rea

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