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Tanzania Case Law

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Criminal law meshack nibushozi saguti another vs republic 2023 tzhc 22660 30 august 2023

meshack nibushozi saguti another vs republic 2023 tzhc 22660 30 august 2023

The High Court upheld convictions for unlawful presence in Tanzania, holding the guilty plea was unequivocal, the charge was proper, and fresh evidence was inadmissible.

  • Unlawful presence
  • Refugee status
  • Plea of guilty
  • Sentencing
  • Admission of fresh evidence
  • Guilty-plea
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Criminal law philipo owour msongo vs republic 2023 tzhc 22656 30 august 2023

philipo owour msongo vs republic 2023 tzhc 22656 30 august 2023

The High Court dismissed a criminal appeal against conviction for unlawful presence in Tanzania, holding the dispute over citizenship could not be resolved in the criminal appeal.

  • Unlawful presence
  • Citizenship
  • Procedural irregularities
  • Evidence admission
  • Criminal-appeal
  • Immigration-law
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Criminal law abdisalam mohamed and 1 another vs r 2023 tzhc 16838 25 april 2023

abdisalam mohamed and 1 another vs r 2023 tzhc 16838 25 april 2023

The trial court erred by imposing a custodial sentence without considering the alternative of a fine, the appellants' status as first offenders, their guilty pleas, the non-grave nature of the offence, and the time already spent in custody. The sentence was therefore improper and required appellate intervention.

  • Unlawful presence
  • Sentencing
  • Alternative sentencing
  • First offender treatment
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Criminal law samweli cr

samweli cr

The trial magistrate failed to consider applicants' guilty plea and first offender status, resulting in an excessive sentence. Proper sentencing requires leniency for first offenders and consideration of mitigating factors.

  • Sentencing
  • Unlawful presence
  • Mitigating factors
  • First offenders
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Criminal law benjamini adidwa sami vs republic 2022 tzhc 11654 16 august 2022

benjamini adidwa sami vs republic 2022 tzhc 11654 16 august 2022

The High Court allowed a criminal appeal, holding that a first offender who pleaded guilty should have received a fine, not seven months’ imprisonment, for unlawful presence.

  • Sentencing
  • Unlawful presence
  • Option of fine vs imprisonment
  • First offender treatment
  • Immigration-law
  • First-offender-sentencing
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Criminal law alice nyawira ndungu vs republic 2022 tzhc 11653 16 august 2022

alice nyawira ndungu vs republic 2022 tzhc 11653 16 august 2022

The High Court allowed a criminal appeal and set aside a sentence of TZS 500,000 fine plus nine months’ imprisonment for unlawful presence, ordering the appellant’s release.

  • Sentencing
  • Unlawful presence
  • First offender
  • Plea of guilty
  • Sentencing discretion
  • Criminal-sentencing
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Criminal law patrizio salvati vs republic 2022 tzhc 3105 29 april 2022

patrizio salvati vs republic 2022 tzhc 3105 29 april 2022

The High Court allowed an appeal against sentence, holding that the trial court failed to consider guilty plea and first-offender mitigation in an immigration offence case.

  • Sentencing
  • Unlawful presence
  • Mitigating factors
  • First offender
  • Plea of guilty
  • Guilty-plea
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Criminal law Criminal Appeal 80 of 2022 Judgment Mrisha J

Criminal Appeal 80 of 2022 Judgment Mrisha J

The appellant's plea of guilty was equivocal and the facts admitted did not establish the offence of smuggling immigrants; therefore, the conviction and sentence were improper and must be quashed.

  • Plea of guilty
  • Equivocal plea
  • Smuggling immigrants
  • Unlawful presence
  • Conviction on plea
  • Appeal against conviction and sentence
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Criminal law gerald nturuzabuhoro vs republic 2019 tzhc 2171 23 october 2019

gerald nturuzabuhoro vs republic 2019 tzhc 2171 23 october 2019

The High Court revised a sentence for unlawful presence in Tanzania, reducing it to secure the applicant’s release and ordering deportation to Burundi.

  • Unlawful presence
  • Sentencing
  • Deportation
  • Revision by court suo motu
  • Criminal-revision
  • Immigration-offences
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.