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Tanzania decisions
Decisions matching the current search
The High Court allowed an appeal against a conviction for grave sexual abuse, finding the prosecution failed to prove the case beyond reasonable doubt.
The High Court Labour Division dismissed a review application, holding there was no manifest error and that later Court of Appeal authority did not justify reopening the case.
Failure to convict before sentencing rendered the trial judgment a nullity; prosecution evidence was insufficient to sustain conviction; retrial not warranted as interests of justice require release.
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The trial court's failure to convict the appellant before sentencing rendered the judgment a nullity, and the prosecution evidence was insufficient to sustain a conviction; thus, the appellant must be released and no retrial is warranted.
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Failure to convict the appellant before sentencing was a fatal irregularity rendering the trial and appellate judgments nullities; further, the prosecution evidence was insufficient to sustain a conviction, making retrial inappropriate and necessitating the appellant's release.
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The conviction was unsafe because the only evidence linking the appellant to the offence was the unsworn testimony of a 17-year-old, which has no evidential value under the law. Procedural irregularities in admitting the cautioned statement and PF3 report further undermined the prosecution's case.
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Conviction based on unsworn testimonies of prosecution witnesses is unlawful and contrary to mandatory statutory provisions; there was no sufficient evidence to prove theft beyond reasonable doubt.
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The Court of Appeal held that sworn testimony of a child of tender years can support a conviction without corroboration, and dismissed the appeal.
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