Judgment and sentences in criminal cases.

Judgment and sentences in criminal cases.

Under Section 312 of the Criminal Procedure Act (CPA), the composition of a judgment in criminal cases in Tanzania must include the points for determination, the decision reached, and the reasons behind that decision, and it must be signed and dated by the presiding officer on the day it is pronounced in open court. A well-composed judgment is clear, systematic, and straightforward, detailing the facts of the case, supporting each fact with relevant evidence, and clearly justifying the findings. This level of clarity is essential to ensure that an appellate court can fully understand the trial court's findings and conclusions. The judgment should show that the judge or magistrate has considered the evidence on record thoroughly, without overlooking any critical evidence that was presented. To be considered reasoned, a judgment must contain an objective evaluation of all evidence, considering both defense and prosecution perspectives in order to determine which case holds more weight. If the trial court omits any part of the evaluation, the appellate court may address this omission.

Extraneous matters are prohibited in judgments, and a conviction should be based only on evidence presented in court. Under Sections 235(1) and 312(2) of the CPA, a valid judgment must include a conviction. If a conviction is missing but a sentence has been imposed, it is implied that a conviction was intended by applying the equitable maxim “Equity treats as done that which ought to have been done.” When substituting a conviction for minor or cognate offenses, as outlined in Section 300 of the CPA, the particulars of the offense must include elements that constitute a minor offense, with "cognate" referring to offenses of the same family or kind. A judge can only convict on a substituted charge if the accused is not prejudiced by it, as they must be fully aware of the exact nature of the charge against them.

Section 320 of the CPA mandates that before passing a sentence, the court should review evidence to determine an appropriate sentence. Sentencing occurs after conviction, either by a guilty plea or after a trial. A person is sentenced only when charged under a specific law that prescribes a specific punishment for the offense. Maximum penalties are generally reserved for the most severe cases, reflecting the legislature's intent to address aggravated circumstances. However, the word "liable" in sentencing offers flexibility, allowing judges or magistrates to consider aggravating and mitigating factors, meaning that sentences are often not mandatory but discretionary within a set maximum. A person's time in custody before conviction is not deducted from their sentence but can be used as a mitigating factor in sentencing.

Concurrent sentences are applied under Section 168(2) of the CPA when a person commits multiple offenses within the same series of transactions, with consecutive sentences reserved for exceptionally serious cases. For first offenders, the emphasis is typically on reform, unless the offense is particularly severe or requires a deterrent effect. Minors convicted of murder are sentenced to detention at the President's pleasure, instead of the death penalty, under Section 26(2) of the Penal Code. When an individual is convicted on multiple counts of murder, the death sentence is imposed on one count, as only one sentence can be executed.

The appellate court may adjust a trial court’s sentence if it is excessively harsh, inadequate, based on incorrect principles, ignores essential factors, relies on irrelevant considerations, is illegal, or if the time spent by an accused in remand is not considered. These provisions aim to ensure that sentences in Tanzania are just, balanced, and sensitive to individual circumstances while upholding the rule of law.