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Tanzania decisions
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The High Court allowed a criminal appeal, quashed convictions for unlawful possession and dealing in government trophies, and set aside the sentences.
Allowing the respondent to cross-examine witnesses during ex parte proceedings was a fundamental error that vitiated the proceedings and occasioned miscarriage of justice, requiring nullification of the proceedings and a retrial.
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The proceedings were fatally flawed because the DLHT continued after the 4th respondent's death without proof of appointment of an administrator, denying the appellant the right to cross-examine the representative, contrary to law.
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Omission to inform accused of right to recall and cross-examine witnesses after charge substitution rendered subsequent proceedings a nullity; inventory procedure violated accused's right to be heard, expunging inventory form and leaving prosecution evidence insufficient to sustain conviction.
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The denial of the right to cross-examine the second prosecution witness was a fatal irregularity, but only the evidence of that witness should be expunged, not the entire trial. After expunging that evidence, the remaining prosecution evidence did not prove the offence of armed robbery or gang robbery beyond reasonable doubt. The High Court was correct to acquit the respondents, though for different reasons. Consent of the DPP was not required for the offence charged.
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Despite procedural errors regarding the chain of custody and admission of certain exhibits, the credible and reliable testimony of the victim (PW2), corroborated by other witnesses and the appellant's conduct, was sufficient to prove the offence of Unnatural Offence beyond reasonable doubt. The conviction and sentence were upheld as the prosecution's case was established on the strength of the victim's evidence.
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The Court of Appeal upheld Dickson Kamala’s armed robbery conviction, finding the eyewitness identification reliable and the recent-possession inference available.
The evidence of the victim (PW1) and supporting witness (PW2) was credible and sufficient to prove the charge of unnatural offence beyond reasonable doubt. The inclusion of an inapplicable subsection in the charge sheet was not fatal. The PF3 was expunged due to procedural irregularity, but its absence did not affect the conviction, which was not based on it. No miscarriage of justice occurred, and the appeal lacked merit.
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The Court of Appeal of Tanzania allowed a criminal appeal, quashing convictions for rape and impregnating a schoolgirl after finding fatal evidentiary and procedural flaws.
The High Court dismissed a criminal appeal against a conviction for unnatural offence, holding that the child victim’s evidence was credible and medically corroborated.
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