Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
Failure to comply with the mandatory steps in the Chief Justice Guidelines, specifically regarding voluntariness and free agency, renders the extrajudicial statement inadmissible.
Source excerpt
The charge sheet was incurably defective for failing to specify the person to whom violence or threat was directed, an essential ingredient of armed robbery; this defect is fatal and cannot be cured by evidence, rendering the conviction and sentence unsustainable.
Source excerpt
The High Court held a trial within trial on a cautioned statement and admitted it, finding it was recorded within time and without credible proof of torture.
The evidence established that the cautioned statement was recorded within the statutory four-hour period and there was no credible evidence of torture. The confession was voluntary and lawfully admissible.
Source excerpt
The prosecution proved beyond reasonable doubt that the caution statement was voluntarily made by the accused, as the accused admitted to signing it by thumbprint and there was no credible evidence of involuntariness or coercion. The objection to admissibility was found to be an afterthought and unsupported by the evidence.
Source excerpt
High Court appeal in a stealing case allowed the appellant’s conviction was quashed after the court found the confession evidence unsafe and possibly tainted by torture.
The Court of Appeal held that the appellant’s guilty plea was not unequivocal because key exhibit contents were not properly cleared, admitted, and read out.
The time between arrest and recording of the cautioned statement was properly excluded due to the accused's involvement in acts connected with investigation (defecation of drug pellets and transportation), thus the four-hour rule was not violated. The accused was informed of his rights and signed accordingly, and the statement was taken with proper caution under section 58 of the CPA. The objections raised by the defence were not substantiated by evidence. Therefore, the cautioned statement is admissible.
Source excerpt
The Court of Appeal of Tanzania allowed a murder appeal, quashing conviction after finding confessions unreliable and circumstantial evidence insufficient.
The conviction was unsafe due to the wrongful admission of cautioned statements obtained under torture, failure to consider medical evidence of torture, contradictions in the prosecution's case, and the failure to call crucial witnesses including the owner of the stolen property and other police officers. These deficiencies resulted in a miscarriage of justice and rendered the prosecution case unreliable.
Source excerpt
Explore more
