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Tanzania decisions
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The High Court allowed a criminal appeal against an armed robbery conviction, quashed the sentence, and ordered the appellant’s release after finding the case unproven.
The prosecution failed to prove the charge beyond reasonable doubt as there was insufficient evidence that the respondent had knowledge the ram was stolen, and discrepancies existed in the identification of the stolen animal. The doctrine of recent possession was wrongly invoked by the trial court, and the burden of proof was improperly shifted to the accused.
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The High Court dismissed a criminal appeal, upholding convictions for breaking into a building and stealing after finding voluntary confessions and valid corroborating evidence.
The prosecution failed to prove the case beyond reasonable doubt due to lack of certificate of seizure and insufficient identification of stolen property, making the doctrine of recent possession inapplicable and rendering the conviction unsafe.
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High Court partly allowed a criminal appeal, expunged an improperly admitted caution statement, and reduced a ten-year sentence to five years per count.
The court found that the prosecution proved beyond reasonable doubt that both accused persons, through their confessions (oral and written), circumstantial evidence, and recent possession of the deceased's property, jointly murdered Stulda Kinyunyu with malice aforethought and common intention. The confessions were corroborated by the discovery of the body and stolen items, and the accuseds' denials were deemed afterthoughts, as no timely objection was raised to the admissibility of the confessions.
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The conviction was upheld because the appellant's extra-judicial confession was voluntary and corroborated by visual identification and recent possession of the stolen motorbike, rendering procedural defects and evidentiary challenges immaterial to the outcome.
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The High Court allowed a criminal appeal, holding that the prosecution had not proved recent possession because of missing seizure evidence and contradictions.
The High Court allowed consolidated criminal appeals against an armed robbery conviction, finding the prosecution evidence on identification, confession, and possession insufficient.
The conviction of the second appellant was upheld based on his confessional statement and corroborating evidence of recent possession of stolen property, with chain of custody sufficiently established for the television, and no reasonable explanation given for possession; visual identification evidence was not watertight but did not affect the outcome due to other corroborative evidence.
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