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Tanzania decisions
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The trial court's failure to conduct a trial within trial upon objection to the cautioned statement constituted a fundamental and incurable irregularity, requiring the expunging of the statement and resulting in the prosecution's failure to prove its case against the appellant.
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The appellants were found at the scene with the stolen sugar and no claim of right was established; the prosecution evidence, mainly from police officers, was credible and sufficient to prove the offence beyond reasonable doubt.
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The High Court allowed a criminal appeal, holding that suspicion alone could not support conviction and that doubt over who stole the money had to favour the appellant.
The conviction and sentences were quashed due to incurable procedural errors in plea-taking and lack of sufficient evidence linking the appellant to the offence; the cautioned statement did not admit conspiracy or commission of the offence.
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The conviction was quashed due to incurable procedural error in arraignment and plea-taking, and lack of sufficient evidence linking the appellant to the offence; the cautioned statement did not amount to an admission of guilt or conspiracy, and the prosecution case was not proved beyond reasonable doubt.
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The High Court allowed a criminal appeal, holding that knowledge under section 383 of the Penal Code was not proved beyond reasonable doubt.
The convictions of the first and second appellants were not supported by sufficient evidence and were quashed. The conviction of the third appellant for conspiracy was set aside for lack of corroboration, but his conviction for breaking into a building and committing a felony was upheld based on the evidence. The sentence for the third appellant was confirmed by the High Court as required by law.
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