Criminal Appeals at High Court of Tanzania.

1. Appeals

A person aggrieved by any finding, sentence, or order made by a trial court may appeal to the High Court under Sections 359, 360, 361, 362, and 362 of the Criminal Procedure Act (CPA). According to Section 6(1) of the Appellate Jurisdiction Act (AJA), an individual convicted in a trial or appeal held by the High Court or a subordinate court exercising extended powers may appeal to the Court of Appeal. The appeal process begins by filing a notice of appeal.

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2. Notice of Appeal to the High Court

Under Sections 361(1)(a) and 379(1)(a) of the CPA, an appeal is initiated by filing a notice of appeal. A notice by a person other than the Director of Public Prosecutions (DPP) must be filed within ten days from the date of judgment, while the DPP has thirty days to file after an acquittal, finding, sentence, or order they wish to appeal. Notice should be lodged in the trial court, as failure to file within the prescribed time deprives the High Court of the power to entertain the appeal.

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3. Notice of Appeal to the Court of Appeal

Rule 68 of the Court of Appeal Rules requires any person wishing to appeal to the Court of Appeal to give written notice within thirty days from the date of the decision. This notice, which should be in triplicate, is lodged with the Registrar of the High Court where the contested decision was made.

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4. Petition of Appeal to the High Court

Sections 361(1)(b) and 379(1)(b) of the CPA mandate that a petition of appeal be filed within forty-five days from the date of the finding, sentence, or order. The time required to obtain a copy of the proceedings, judgment, or order appealed against is excluded from this forty-five-day period. Section 381(1) of the CPA obliges the High Court to notify the respondent or their advocate of the appeal's time, place, and hearing. If the respondent cannot be found, notice may be published in a newspaper three times, after which the court proceeds in their absence.

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5. Summary Rejection of the Appeal

Summary dismissal is an exception in criminal law and should be exercised cautiously. Guidelines include: (i) sparing use, (ii) advisability of providing reasons, (iii) reading the record thoroughly, (iv) applicability only to cases with excessive sentence or weak conviction grounds, and (v) hearing where there is a complex question or issue.

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6. Determination of Grounds of Appeal

The appellate court does not re-frame issues as at trial but addresses the appeal grounds, either individually or generally if convenient. New matters cannot be raised at the second appellate level unless involving a point of law.

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7. Concurrent Findings of Lower Courts

The second appellate court generally does not interfere with concurrent factual findings of lower courts unless these findings stem from misapprehension, misdirection, or omission of evidence.

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8. Revision

Sections 372-376 of the CPA empower the High Court to examine criminal records for correctness, legality, and propriety of decisions. Revisional jurisdiction is not a substitute for appeals and should only be invoked when no appeal right exists. Section 373 emphasizes that the accused must be given a chance to defend themselves unless exceptional circumstances justify proceeding without them.

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9. Interlocutory Orders

Per Sections 359(3) and 372 of the CPA, interlocutory orders are typically neither appealable nor revisable. However, an interlocutory decision can be revised or appealed if it conclusively determines the parties' rights.

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10. Review

Review addresses irregularities that caused injustice, not the merits of the decision itself. The Court of Appeal's review power, under Section 4(4) of the AJA and Rule 66 of the 2019 Court of Appeal Rules, is exercised when new circumstances warrant.

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11. Review is Not an Appeal in Disguise

Review is distinct from appeals and is reserved for cases where the court’s decision would have differed if all relevant facts had been known. It should not be used as a backdoor method to reargue unsuccessful cases.

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12. What Constitutes Manifest Error on the Face of the Record

An error apparent on the record is a patent mistake, immediately noticeable, without requiring extensive argument. It contrasts with a simple legal error and must be self-evident.