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The High Court rejected a plea of autrefois acquit, holding that the earlier case concerned an extract resolution, while this case concerns different minutes.
The High Court acquitted four accused persons of 33 counts including forgery, uttering false documents, money laundering, organized crime and pecuniary loss.
The High Court granted an extension of time to appeal a criminal conviction, finding the delay was not excessive and sufficient cause had been shown.
The High Court dismissed the appeal and upheld convictions for forgery and uttering false documents, finding the evidence sufficient and mitigation considered.
The High Court allowed a criminal appeal in a forgery case, quashing convictions after finding the chain of custody for the disputed affidavit was not proved.
The conviction for uttering a false document was proper as Robert procured and knowingly used a forged medical report to defraud his employer; the conviction for forgery of the sick sheet was quashed due to lack of evidence; the acquittal for forgery of the medical report was set aside and conviction entered as Robert was a party to the forgery; the order for refund was varied to cover only the proven period of unlawful absence.
Source excerpt
The Court of Appeal allowed a criminal appeal, finding the charge defective for duplicity and holding the evidence insufficient to prove personation, uttering, or obtaining by false pretence.
The Court of Appeal held that failure to take plea on all substituted counts rendered the trial a nullity and refused a retrial.
The respondents were found guilty based on evidence that exhibit P5 was forged and used to obtain TZS 338,935,337.46 by false pretences, with subsequent transfers constituting money laundering. The first respondent misled his principal by making false entries. The evidence established conspiracy and common intention to defraud Barclays Bank. The prosecution proved the charges beyond reasonable doubt.
Source excerpt
The Court of Appeal allowed a criminal appeal, quashed forgery convictions and sentences, and ordered the appellants’ release unless otherwise lawfully held.
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