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Tanzania decisions
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The Court of Appeal of Tanzania dismissed a criminal appeal, upholding a life sentence for unnatural offence against a 15-year-old after finding proper identification and no material procedure error.
The Court of Appeal upheld convictions for incest and unnatural offences involving the appellant’s daughter, finding the evidence credible and the defence an afterthought.
The prosecution failed to prove penetration, a crucial element of the offence, beyond reasonable doubt due to inconsistencies and lack of credible evidence from the victim and the medical witness. Therefore, the conviction cannot stand.
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The prosecution failed to prove the charge beyond reasonable doubt as the trial court did not properly evaluate the defence evidence, failed to give equal weight to the defence witnesses, and the credibility of the prosecution's case was undermined by lack of corroboration and procedural irregularities. The conviction was unsafe and could not stand.
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The conviction was supported by credible and sufficient evidence from the victim, corroborated by medical and other witnesses. The appellant's alibi was unsupported and properly rejected. No procedural errors or valid new facts were established. The appeal lacked merit and was dismissed.
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The High Court dismissed a criminal appeal against a life sentence for unnatural offence, finding the charge proved and the alleged procedural errors immaterial.
The prosecution failed to prove the charge beyond reasonable doubt due to not calling material witnesses, doubtful chronology and reporting, and unexplained delay in arresting the appellant.
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The prosecution proved beyond reasonable doubt that the appellant committed an unnatural offence against a child under ten years, supported by corroborated witness testimony, medical evidence, and reliable visual identification.
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The High Court proceedings and judgment were a nullity due to confusion and misidentification of the criminal case number, resulting in no proper appeal before the High Court.
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The High Court allowed an appeal against a conviction for unnatural offence, finding the evidence too weak and the defence enough to raise reasonable doubt.
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