CRIMINAL OFFENCES GUIDE

CRIMINAL OFFENCES
MURDER
Background of offence:
Murder; refer to the unlawful premeditated killing of human being by another1. As according to
Section 196 of Tanzania Penal Code state as.” Any person who of malice aforethought causes the
death of another person by an unlawful act or omission is guilty of murder” 2.For instance in the
case of Herman Nyingo v. R [1995] T.L.R 178, the accused was convicted for murder when he
used heavy stick, to hit the deceased hard on the head. Subsequently to deceased death. The
appellant was heard said that “I am killing you because of your sorcery” on appeal the appellant
complained that the trial court should have accepted his defense of provocation and self-defense
and found him a lesser offence of manslaughter3.
a) Nature of the offence

This offence in nature, happen when there is Mens rea and Actus reus, which means here is an
act of take human life, and there is evidence which shown that act committed with intention, and
it lie under the following nature or category of offence such as:
• Offence against person
This means that, any crime which involve harming another person or putting them
in danger. Murder lie in this category because murder affect a person life by
killing him. As it shown under The Penal Code [(CAP 16) R.E 2022],
(hereafter refer as The Penal Code, Party II division IV.
1
P. Ramanath Aiyar, (2009) CONCISE LAW DICTIONARY, 3RD Edition, LexisNexis Butterworths Publishers,
Mumbai India, pg. 764
2
The Penal Code Act [(CAP 16) R.E 2022]
3
Herman Nyingo v. R [1995] T.L.R 178
b) Things bought to the crime of murder to be sanctioned
Retribution: the theory that the criminal should be punished in proportion to his offence 4, in
other words retribution is to punish an accused person according to the offence he committed for
example, when someone kill another person, he will be punished proportionally to death penalty.
Incapacitation: the action of disabling or depriving of legal capacity or the state of being
disabled or lacking legal capacity5.this is the situation where by someone has not capability to
non-perform or done any act. According to Section 26(1) of the Penal Code of Tanzania state as”
When any person is sentenced to death, the sentence shall direct that he shall suffer death by
hanging”.
Provisions of the law
a. In statutes
Murder found in The Penal Code [(CAP.16) R.E 2022] under Section 196 and 197,
which shown the person who can convicted for murder and his punishment.
b. Murder found under the following part in the penal code:
In the Penal Code murder is among of the offence found under party ii, division iv,
chapter xx.
c. Rights in the constitution whose violations will amount to the crime of murder;
Right to life is the rights which are violated when crime of murder happens. As it showed
under the Constitution of United Republic of Tanzania per Article 14state as “Every
person has the right to live and to the protection of his life by the society in accordance
with the law”6.
Elements of Murder
• The Actus Reus of Murder
The Actus Reus of murder is unlawfully causing the death of another person.
These elements require further discussion.
1. Unlawfully
4
Fn1 pg. 1024
5
Bryan G.(2004), BLACK LAW DICTIONARY,9th Edition, , Law Prose Inc, Dallas Texas, 749
As with other criminal offences, the element of ‘unlawfulness’ indicates the absence of a valid
defense, such as self-defense, or the killing with lawful authority (for example, killing under
orders in time of war)7.
2. Causing a death
It must be shown that the defendant caused the death of the victim8. As according to section 203
of the Tanzania Penal Code CAP 16 R.E 2022 state as
“A person is deemed to have caused the death of another death person although his act is not the
immediate or sole cause of death defined in any of the following cases,
(a) if he inflicts bodily injury on another person in consequence of which that other person
undergoes, surgical or medical treatment which causes death. In this case it is immaterial
whether the treatment was proper or mistaken, if it was employed in good faith and with
common knowledge and skill; but the person inflicting the injury is not deemed to have caused
the death if the treatment which was its immediate cause was not employed in good faith or
was so employed without common knowledge or skill;
(b) if he inflicts bodily injury on another which would not have caused death if the injured
person had submitted to proper surgical or medical treatment or had observed proper
precautions as to his mode of living;
(c) if by actual or threatened violence he causes that other person to perform an act which
causes the death of that person, such act being a means of avoiding such violence which in the
circumstances would appear natural to the person whose death is so caused;
(d) if by any act or omission he hastens the death of a person suffering under any disease or
injury which apart from such act or omission would have caused death;
(e) if his act omission would not have caused death unless it had been accompanied by an
actor omission of the person killed or of other person 9.
6
Constitution of the United Republic of Tanzania (cap. 2) of 1977
7
Jonathan Herring, (2002), CRIMINAL LAW,3th edition, Palgrave Macmillan law masters, New
York, Pg 184
8
Ibid
3. Causing the Death of a Person
The victim of murder must be a human being who was alive when the accused caused his or her
death. This may lead to problems of definition both at the beginning and end of life 10.
According to the case of The Queen v Instan(1893) 1 QB 45, the accused woman lived with the
deceased. The deceased felt sick and could not support herself. The accused didn’t supply her
with food nor did she secure/procure for her, any medical or nursery attendance the deceased’s
death was accelerated by want a food or nursery or medical attendance the court said’
“A duty was imposed upon the prisoner under the circumstance to supply the deceased with
sufficient food to maintain her life and that the death having been accelerated by the neglect
of such duty the prisoner was properly convicted”11
• The Mens Rea of Murder
The mens rea of murder is known as ‘malice aforethought’, but this is a misleading term in that
the state of mind referred to is not ‘malice’ in its ordinary meaning, and there is no need for the
premeditation which the word ‘aforethought’ implies. The mens rea of murder is an intention to
kill or cause grievous bodily harm to the victim12
Intention has been clarified in to the Section 200 of Tanzania Penal Code state as,
“Malice aforethought shall be deemed to be established by evidence proving any one or more of
the following circumstances,
(a) an intention to cause the death of, or to do grievous harm to any person, whether such
person is the person actually killed or not;
(b) knowledge that the act or omission causing death will probably cause the death of or
grievous harm to some person, whether ' such person is the person actually killed or not,
9
Tanzania Penal Code CAP 16 R.E 2022
10
York, Pg. 184
11
The Queen v Instan (1893) 1 QB 45
12
York, Pg. 188
although such knowledge is accompanied by indifference whether death or grievous bodily
harm is caused or not, or by a wish that it may not be caused;
(c) An intent to commit a felony;
(d) an intention by the act or omission to facilitate the flight or escape from custody of any
person who has committed or attempted to commit a felony
On the matter of R v. Cunningham [1982] AC 566. House of Lords
The appellant was convicted of murder. He struck the victim on the head with a heavy chair, and
the victim died from a fractured skull. He denied that he had intended to kill the victim. The trial
judge directed the jury to convict of murder if it was sure that the accused intended to do the
victim really serious harm. Both the Court of Appeal and the House of Lords upheld the
conviction on the ground that malice aforethought could be implied where the accused intended
to inflict grievous bodily harm. Lord Hailsham held that the law on this point had been laid down
by Vickers and Hyam v. DPP, and there was no reason to change the law13.
MANSLAUGHTER
Manslaughter is the crime of unlawful homicide where death is caused accidentally by unlawful
act or by culpable negligence also where death is caused by an act done in the heat of passion as
a result of provocation. Upon an indictment for murder the jury if they find that malice afore
thought has not been proved can bring in a verdict of manslaughter14. The penal code section
195(1)(2) state that any person who by an unlawful act or omission causes the death of another
person is guilty of manslaughter. Also, any unlawful omission is an omission amounting to
culpable negligence to discharge a duty tending to the preservation of life or health whether the
omission is or is not accompanied by an intention to cause death or bodily harm15.
Malice aforethought the element of mens rea in the crime of murder. It includes an
intention to kill a person and it is immaterial whether there was in mind either no particular
person or a different person from the one killed. It also includes an intention to do an act likely to
13
R v. Cunningham [1982] AC 566. House of Lords
14
Reid.S,(2004) Criminal Law, 6th Edition, New York, McGraw Hill-Companies.
kill from which death result. The difference between manslaughter and murder is the absence of
malice afore thought in manslaughter16.
In the case of Singh V. R [1962] E.A 13, Singh was convicted for murder of his wife.
The evidence was that after an act of sexual intercourse Singh had strangled his wife and then
tried to make it appear that she had been robbed and stabbed to death on her way to an outside
toilet. Death was due to asphyxia. The defense argued that Singh killed wife accidentally during
sexual embrace and that the feigned robbery was an act of panic. There was a real doubt as to
whether Singh intended to cause grievous harm or knew that he was causing grievous harm that
manslaughter17.
Manslaughter is the offense against person which became an offense through the
following background.
The history of crime of manslaughter from the time of bracton to the present day for
convenience the period covered will be divided into two parts being more or less the periods into
which the subject falls historically. The period covers the three centuries between bracton and
coke while the second period 17th Centuries extends from coke to the present time. The dividing
line between the two period is drawn here because by coke time manslaughter in modern sense
had emerged as a branch of law of homicide from cokes time to present day of the history of
manslaughter as well as murder bas been concerned principally with the interpretation of malice
aforethought18.
Early background of the law of homicides in England is necessary before the law as set
out by bracton can be understood. In bracton time all homicide was divided into three large
classes first was justifiable homicide which was killing in the execution of legal punishment.
Second was excusable homicide which was killing by misadventure or defense which was
felonious but subject to the pardon by the king as a matter of grace and third all homicides which
15
The Penal Code Chapter 16 Revised Edition 2022.
16
Herring. J (2005) Criminal Law, 4th Edition, London, Palgrave Macmillan master Law.
17
Singh V. R [1962] E.A 13
18
Andrew. A & Mitchell. B, (2000), Rethinking English Homicide Law, Oxford University Press.
were felonious. Justifiable homicide played little or no part in the development of manslaughter
and need not be considered further19.
The following are reason that led a manslaughter to have punishment or sanctioned as
seen below.
Deterrence to an individual deterrence is aimed toward the specific offender. The aim is
to impose a sufficient penalty to discourage the offender from criminal behavior like
manslaughter which can be committed in instance voluntarily although its through provocation
but constitute a manslaughter crime.
Incapacitation is designed simply to keep criminals away from society so that the public
is protected from their misconduct example manslaughter so that also to save the public interest
from people committing such conduct. This is often achieved through prison sentences today.
Death penalty or banishment have served the same purpose. In the penal code provide for
incapacitation punishment of manslaughter in section 198 provides that any person who commits
manslaughter is liable to imprisonment for life.
Manslaughter is found in the Penal Code Act Chapter 16 on Part II of Crimes section
195(1)(2) state that any person who by an unlawful act or omission causes the death of another
person is guilty of manslaughter. Also, any unlawful omission is an omission amounting to
culpable negligence to discharge a duty tending to the preservation of life or health, whether the
omission is or is not accompanied by an intention to cause death or bodily harm 20.
Every person is subjected to the constitutional rights that led to manslaughter to take
place for the killings taking place instead of being killed The Constitutional of United Republic
of Tanzania Article 14 state that Every person has the right to live and to the protection of his life
by the society in accordance with the law21.
The following are element of crime concerning manslaughter as follows below
Actus reus any actual killing of either murder or manslaughter consists of actus reus.
Manslaughter can be voluntary or involuntary. Voluntary consist those homicides which would
19
Ibid
20
The Penal Code Chapter 16 Revised Edition of 2022 section 195(1)(2)
21
The Constitution of United Republic of Tanzania of 1977. Article 14.
have been murder but are in fact manslaughter because the accused was either provoked or was
party to the killing in pursuance of a suicide pact. Involuntary manslaughter is not clear and it
must be approached with caution example negligence and recklessness 22. In the case of Singh V.
R [1962] Singh was convicted for murder of his wife. The evidence was that, after an act of
sexual intercourse Singh had strangled his wife and then tried to make it appear that she had been
robbed and stabbed to death on her way to an outside toilet. Death was due to asphyxia. The
defense argued that sing killed his wife accidentally during sexual embrace and that the feigned
was an act of panic. There was a real doubt as whether Singh intended to cause grievous harm or
knew that he was causing grievous harm but it was manslaughter23.
Mens rea in actual killing there might be intention to punish someone but not malice
aforethought of killing someone and this happen sometime in provocation. In the case Benjamin
Mwansi V. R [1992] T.L.R 85, the appellant confessed killing his fiancé. In his defense he said
he was provoked by the words of the words of the accused that he found in bed of her new lover.
Upon being asked she replied please leave me alone. I have no business with you. The
considered that are words could provoke a person to killing24.
CRIME OF INFANTICIDE
INTRODUCTION
In this discussion we are going to discuss on the offense of infanticide, elements establishing the
offense of infanticide as well the defenses available for someone charged with an offense of
infanticide. Before going on let’s start with its meaning;
22
Herring. J, [2002] Criminal Law, 3rd Edition, London, Palgrave Macmillan Master Law.
23
Singh V. R [1962]
24
Benjamin Mwansi V. R [1992] T.L.R 85.
Infanticide; refers to an offense committed by a mother who kills her own child under the age of
twelve years old due to the disturbance of mind after delivery 25. The offense is provided under
section 199 of the Penal Code Cap 16 (R.E 2022)and it is contravening the provision of the
article 14 of the Constitution of the United Republic of Tanzania of 1977 which provides about
right to life.26 That; “every person has the right to live and to the protection of his life by the
society in accordance with the law27.”Infanticide is the offense against person, it was established
so as to reduce and eliminate what would be the act of murder done by mothers after delivery
due to the disturbances of mind.
For a person to establish the offense of infanticide the followings are the essential ingredients
under which a woman can be caught guilty of an offense, including;
The willful killing of the child after giving birth; one of the essential elements constituting the
infanticide, is a willful killing of a child and that has to be after the birth of the child because a
child born dead resulted to the negligence of the mother that will not amount to an offense of
infanticide but the Concealing the birth of the child as was discussed under the case of R. v.
Esther Ikumboka (1967) H.C.D No. 447, 28 the accused was charged with the offence of
infanticide. She killed her new -born child in circumstances would normally amount to murder,
but that at that time of incident the balance of her mind was disturbed as the result of child birth.
It is not disputed that the accused person was pregnant and delivered a child. There is
considerable conflict as to whether or not this child was born dead or alive. The doctor, who
performed post-mortem examination though adequately qualified, he was not a pathologist and
he did not feel able fully to discuss matters, which demanded special expertise in the field.
Held; the accused not guilty of infanticide but concealing the birth of a child.
25
Aiyar, (2009) CONCISE LAW DICTIONARY, 3RD Edition, LexisNexis
P.Ramanath
Butterworths Publishers, Mumbai India.
26
Section 199 of penal code cap 16 R.E 2022
27
Article 14 of constitution of united republic of Tanzania of 1977
28
EstherIkumboka (1967) H.C.D No. 447
The child has to be attained the age of twelve (12) months. The death has to be of the child
under the age of 12 months, exceeding to that age that will not be infanticide and will amount to
another offence of murder or manslaughter laying on the intention of the accused person.
The act has to be done by the natural mother of the child. Regarding to the provision of the
Penal Code Cap 16 (R: E 2022) section 199 the offense has to be done by the natural mother of
the child so, the prosecutor has to prove beyond the reasonable doubt that the accused is the
natural mother failure to do so as discussed under the case of
The death has to be caused by the effect of giving birth, lactation or disturbance of mind;
the act or omission resulting the death of the child has to be done at the time of delivery
accelerated by the disturbance of mind, the effect of giving birth or lactation. As discussed under
the case of R. v. Evelyne Mathias (1969) H.C.D No 245,29 where the accused was charged with
the offence of infanticide contrary to section 199 of the Penal Code Cap 16 (R: E 2022).She
willful threw her new born child into a latrine, while the balance of her mind was disturbed.
Apparently no one knew of the birth of the child who was only discovered in the latrine when it
was heard crying. The accused’s parents, which whom she lived denied any knowledge of her
pregnancy or any childbirth. Medical evidence however, showed that the accused when
examined shortly after the discovery of the child, had recently delivered a child and the placenta
and membranes were still in her body.
However, to test the liability of the woman under the charged offence, the court laid down
principles under which a woman can be caught guilty of an offence of infanticide by regarding
the provision of the section 199 of the Supra Act, where the prosecution party has the duty to
prove beyond the reasonable doubt, such principles are;
The woman has to a natural mother of the child.
The child was less than 12 months old
The accused has caused the death of the child by a willful act when the balance of her mind was
disturbed.
The accused has only abandoned the child but also intended to cause its death.
29
R. v. Evelyne Mathias (1969) H.C.D No 245
Held: it was held that the accused went there in the latrine for the purpose of passing faces and
involuntary gave birth of the child. So, the accused was acquitted.
The followings are the possible defenses validly a woman can rise once charged with the
offence of infanticide;
Factual defense; is the common form of defense used in criminal courts proceedings, factual
defense is a defense strategy in which the criminal defense attorney uses factual evidence to
30
prove that defendant could not have committed the crime in question. It is commonly referred
as ‘impossibility defense’ because the goal of the arguments is to prove that it would have been
impossible to the defendant to have committed the crime of which they stand accused.
Alibi: a claim or piece of evidence that one was elsewhere when an act especially a criminal one
is alleged to have taken place, here the woman can argue that her acts or omissions did not
resulted to the death of the child and that death has cause by the acts of someone else because he
was not there.
Punishment of infanticide.
The offence of infanticide in Tanzania can be punished by the Sentence of life imprisonment the
same as manslaughter with the regard of the provision of section 199 supra Act.
However; a final category of infanticide cases involve women with severe mental illness whether
acute or chronic who clearly are not prepared for task of mothering and according to psychotic
episode may render a woman unable to generate a continue flow of selfless compassion.
CRIME OF ASSULT
ASSAULT;
According to USA law assault refers to the intentionally act that put another person in
reasonable opprehension of immediate of harm or offensive contact.31 so that no injury but the
victim is in reasonable any time the harm can occur in a few minutes.
30
Black's Law Dictionary (8th ed. 2004)
31
USA law
According to Tanzania Penal Code define assault in two categories one is common assault and
another is assault which causing actual bodly harm. Section 240 of Tanzania Penal Code define
common Assault Any person who unlawfully assaults another is guilty of an offence and,if the
assault is not committed in circumstances for which a greater punishment is provide in this code
is liable to imprisonment for one year. 32 But section 241 of the Tanzania Penal Code "Any
person who commits an assault occasioning actual bodily harm is guilty of an offence and liable
to imprisonment for five years.33 In Tanzania general define Assault is an act which intentionally
possibly recklessly caused another person to uprehend immediate and unlawful violence.
Example of Assault in Tanzania is an assault to srike at another with a stick to draw a knife at a
person or to point a gun, or to throw a stone at another even if it misses.
The Following are General Elements of Assault which are;
Preparation Or Gesture constituting a threat of Force; The person has to show in an action for
assault to stand there must be same gesture or preparation which constituted a force,but more
threating word are not enough to constitute an offence of Assault.
Also another Element is Reasonable apprehension of use of force.so that the person be in the
fear on the harm can occur any time.
And the last Element of Assault is Ability or capacity of the person to carry out the threat.As we
must understand that a person must have ability and capacity of committing an assault to
someone else so assault occur when a person in his her mind of committing an assault.
The following are the case that show an assault and it's decisions of court
The case or precedent which concerning the Assault are the following;
An operation done without just cause and excuse is unlawful although a person consent.in the
case of R. V. Rev.Father John Rwechungura (1979) H. C. D No. 168,34 it was held that the act
will said to be unlawful assault if it done in an angry revengeful, rule insolent or hostile manner,
that is the accused acted so with an evil mind. Therefore an assault is any act by which A
intentionally or recklessly caused B to apprehend immediate and unlawful person violence.
32
Tanzania Penal Code Section 240
33
Tanzania Penal Code Section 241
34
R. V.Rev.Father John Rwechungura (1979)H.C.D No 168
Also where a constable executes duties the nature of the force used can amount to an assault in
the case of Waterfield V. R. (1964) 1 QB 16435at page 170 it was said that, if the police officer's
Conduct falls within the scope if the general duty to prevent crime and bring offenders to justice
then it would seem to be within the protection of the state,if it was lawful.if in the course of
carrying out his duty to prevent crime and to bring offenders to justice,the officer exceeds his
powers,then he is no longer acting in the execution of his duty for this purpose.
Also it is defense to q charge of assault causing actual bodily harm that the accused did the act
in self-defense,but such bodily harm must not be excessive.in the case of Said Abdallah V. R
(1969) H. C. D no 26636, where the complainant slapped the second accused who is his niece and
adult, hard enough that she fell down.There the niece picked up a large pestle (apparently the
nearest thing at hand which served as a weapon) and started hitting the complainant with it. The
first accused immediately joined the fray on the side of the niece.The damage to the complainant
was superficial mainly a few laceration and abrasions.Accused were convicted of assault and
sentenced to eight months each.
Also provocation is no defense to a charge of assault or related offences,but it would be a

mitigation factor.in the case of Fidel V. R. (1968) H. C. D no 34,37 where the accused was was
convicted of assault causing actual bodily harm.He alleged on appeal that he had been provoked
and under the circumstances had been justified in committing the assault.but provocation cannot
justify an assault.it can only be mitigation.
CRIME OF RAPE
1. Background of offence
Rape is unlawfully act committed by a man when he forced woman to have sexual
intercourse without her consent. Or is unlawful sexual intercourse committed by force or
35
Waterfield V. R. (1964) 1QB 164
36
Said Abdalah V. R. (1969)H.C.D No 266
37
Fidel V. R. (1968) H. C. D No 34
under threat of injury against the will, and this is committed by male. which cause it to be
known as gender offence and this is according to it is nature a woman cannot rape as it
shown in the ingredient or elements of this crime (rape).
a) Nature of the offense
This offence in nature, it may not be an offence by act itself or by intention itself. This is
because act itself is not offence until occur against the will of a woman and in order to
have rape must have proven that there was intention of using force. And in Nature this
offence known as gender offence which committed by man only this is due to it is nature
a woman cannot rape as it shown in the ingredient or elements of this crime (rape). And it
lies under the following nature or category of offence:
• Offense against Molarity
Any offence which known as or lie under this category of offence against
Molarity, simply means those offence in which it act itself is not an
offence until that act committed against the morality, for instance the act
of having sexual intercourse is not an offence until is committed to a child
and when committed by force so that it will be changed from just have sex
to Rape, which is an offence against Molarity.
b) Things brought about the need of the crime of rape to be sanctioned are:
Incapacitation: is the way of prevents crime by removing the defendant from
society. For instance, of incapacitation are incarceration, house arrest, or
execution pursuant to the death penalty38.
Rehabilitation: is the way of prevents crime by changing a defendant’s behavior.
Examples of rehabilitation include educational and vocational programs,
treatment center placement, and counseling39.
2. Provisions of the law
a) In Statute
Rape found under two statutes such as The Penal Code Act [CAP 16.R.E 2022]
(hereafter refers as to the Penal Code) under section 130 up to section 131A
38
https://doi.org/10.24926/8668.0501
which give the meaning, elements and punishment of the law also found under the
statute known as The Sexual Offences Special Provisions Act No 4/98 under
section 130(3) shown the circumstances or elements of rape.
b) Rape found under the following part of the Penal Code:
In the Penal Code Rape is among of the offences found in party two (02), division III (three)
under chapter XV (sixteen)40.
c)Rights in the constitution whose violations will amount to the crime (Rape).
Crime of rape violate the right of freedom as it showed in The Constitution of The United
Republic of Tanzania under Article 15(1) which state that “Every person has the right to freedom
and to live as a free person.” 41 This right is violated when a man use force to have sexual
intercourse with a woman without her consent this means a woman failure to get her right of
freedom.
3. Elements of the crime
Having Unlawful Carnal Knowledge of a Woman or a Girl: this means that it is

unlawful when it takes place outside the marriage bonds, as it said that unlawful sexual
intercourse means illicitly sexual intercourse i.e., sexual intercourse outside the bonds of
marriage.42as a general rule that married wife cannot be raped with his husband but there is
exception which are:
i) When they have separation as per section130 (2) (a) of the Penal Code, which state that “not
being his wife, or being his wife who is separated from him without her consenting to it at the
time of the sexual intercourse”43
ii) Also, when they decree nisi of divorce, this means they planned for divorce, and it started
after the date of decree and not before.44
39
Ibid.
40
The Penal Code Act [(CAP 16) R.E2022]
41
The Constitution of The United Republic of Tanzania (Cap. 2) 1977 as amended time to time.
42
R. V. Chapman [1959] 1 QB 100.
43
Fn1section 130(2)(a)
44
R. v. O’brien [1974] 3 All E.R 663.
Without Her Consent: this means that a man to have sexual intercourse with woman or
girl without her consent or obtain it by force is ingredient or element of rape and used to prove
that there is rape as section 130(4)(b) of the Penal Code which state that “evidence of resistance
such as physical injuries to the body is not necessary to prove that sexual intercourse took place
without consent”45, this means even if there is no physical injuries may it be the uses of force46.
Also, there is other circumstance which shown the element of rape as per section 130(2) of
the Penal Code such as the following:
• Not being his wife or being his wife who is separated from him without her consenting to
it at the time of the sexual intercourse.
• With her consent where the consent has been obtained by the use of force, threats or
intimidation by putting her in fear of death or of hurt or while she is in unlawful
detention.
• With her consent when her consent has been obtained at a time when she was of unsound
mind or was in a state of intoxication induced by any drugs, matter or thing, administered
to her by the man or by some other person unless proved that there was prior consent
between the two.
• With her consent when the man knows that he is not her husband, and that her consent is
given because she has been made to believe that he is another man to whom, she is, or
believes herself to be, lawfully married.
• With or without her consent when she is under eighteen years of age, unless the woman is
his wife who is fifteen or more years of age and is not separated from the man.
4. CASE LAWS
R. v. O’Brien [1974] 3 All E.R 663, the court said that a decree nisi effectively terminate
a marriage and thereupon the consent to marital intercourse impliedly given by a wife at the
time of the marriage was revoked. It follows that the accused had committed the offence of
45
Fn1section 130(4)(b).
46
R v Williams [1923] 1 K.B 340
rape if he had sexual intercourse with the wife after the date of the decree nisi without her
consent.
R. v. CHAPMAN [1959] 1 QB 100, the accused was convicted for having unlawful
sexual intercourse with a girl aged 16 years old. This case said that unlawful sexual
intercourse means illicitly sexual intercourse.
R v Williams [1923] 1 K.B 340, the appellant was engaged to give lessons in singing and
voice production to a girl of sixteen years of age. He had a sexual intercourse under the
presence that her breathing was not quite right and that he had to perform an operation to
enable her to produce her voice properly. The girl submitted to what was done under belief,
willfully and fraudulently induced by the appellant that she was medically and surgically
treated by the appellant and not with the intention that she should have sexual intercourse
with her. On appeal: Convicted for rape. A consent or submission obtained by fraud; it would
not be a defense.
Mtunduchile and Others v. R. (1970) H.C.D No. 304, the three appellants were
convicted of burglary and rape. According to the evidence given by a woman and a daughter,
the appellants broke into their house, stole some articles and demanded to have sexual
intercourse with the daughter who was in an advanced stage of pregnancy. The mother
fearing for the life of the daughter offered herself instead whereupon each of the appellants
had a sexual intercourse with her in turn. On the appeal: The woman volunteered as a
substitute for her daughter. Such consent is initiated by fears of her daughter’s health.
Consent obtained by fear of bodily harm is equal to rape.
CRIME OF DEFILEMENT
Background of Crime.
In Tanzania the defilement offense started long time ago to be committed in our communities
due to the results of interaction between communities members themselves. Not only that but
also this defilement offence came into existence and very known to eyes of innocent peoples,
because of several incidences of males having bad behaviors commit this offence for their own
interests, however they are protected by communities members themselves.
Moreover accordance to Tanzania: An audit of legal practice on sexual violence 47, state the
defilement offense results of integration and interactions between host communities members
and non host communities members, especially in the circumstances of insecurities, which
caused by increasing of incidents of crimes of people owning of illicit weapons, led to this
offense to have high rates of being committed.
Nature of Crime.
The nature of this difelement offence is an offence against morality because any accused whose
commit this offence was contrary to mother laws of the land and law of morality needs, since the
mother laws of land and law of morality usually act as regulators regulating the human behaviors
or human conducts. Therefore kindly of this circumstances any accused whose goes contrary to
aforementioned above laws resulted to receive a huge sanctions as per section 136 (1)(2) 48 of
Penal Code, Cap 16 R.E 2019 stated.
"Any person who carnally knows any girl under the age of fourteen years is guilty of a
felony, and is liable to imprisonment for life, with or without corporal punishment" "Any
person who attempts to have carnal knowledge of any Attempt girl under the age of fourteen
years is guilty of a felony, and is liable to imprisonment for fourteen years, with or without
corporal punishment"
Inside offense action of defilement, there's a right of person which violated as per constitution,
because the offense action of defilement violate the right of life in the Constitution of United
Republic of Tanzania in Article 1449, since the right of life have a wide room on especially on a
matter of being protected against any violence of right.
Elements of Crime.
47
Tanzania: An audit of legal practice on sexual violence
48
Section 136 (1)(2) ofPenal Code, Cap 16 R.E 2019
49
Article 14 of Constitution of United Republic of Tanzania, 1977
As aforesaid above this crime is against morality, and this offence has the following elements
which articulates under section 136 (1)(2)50 of Penal Code, Cap 16 R.E 2019, those elements
includes:
Must be a woman immature, especially in a proof of the age
To mean that, this offence to be proved in front of court of law and accused person to be
convicted as per law said, the victim must be a woman who are immature (under eighteen years)
and the age of victim must be proved otherwise the defilement offense couldn't committed. As
likely in the case of Ally Athumani vs Republic (1991) TZHC 6 (12 April 1991) TLR 59 51,
whereby an accused was convicted with defilement offense, but the learned magistrate quashed
conviction due to lack of proof beyond the reasonable doubt.
There must be carnal knowledge.
To mean that the accused person must have the carnal knowledge that the victim is immature
(underage of eighteen years), however this element hasn't defense of consent because law assume
that the consent from victim is obtained through various influenced factors.
The action involved must be intentionally and penetration.
To mean that the accused person must done the action intentionally, and the action must involve
penetration in Virgin of child under the age of eighteen (immature), otherwise that action could
not amount a defilement. As likely in the case of of Thomas Emmanuel v. Republic [1996]
T.L.R. 373 52 , whereby the learned magistrate dismissed the case due to have no proof of
penetration to the victim.
Precedent of Crime
This defilement offence not only governed by law of land of Penal Code, but also this
defilement offence are obtained in various precedents, among of some precedent include the case
of Ally Athumani vs Republic (1991) TZHC 6 (12 April 1991) TLR 5953, whereby an accused
was convicted with defilement offense but the learned magistrate quashed conviction due to lack
50
Section 136 (1)(2) of Penal Code, Cap 16 R.E 2019
51
Ally Athumani vs Republic (1991) TZHC 6 (12 April 1991) TLR 59,
52
Thomas Emmanuel v. Republic [1996] T.L.R. 373,
53 Ally Athumani vs Republic (1991) TZHC 6 (12 April 1991) TLR 59,
of proof beyond the reasonable doubt (defilement offence), not only that but also the case of
Rashid S Kaniki vs Republic (1993) TZCA 30 (08 November 1993) TLR 25854, whereby the
appellate case was dismissed by learned judge due to her reasons have no merit on it.
CRIME OF IN INDECENT ASSAULT AND INDECENT PRACTICE
Meaning of indecent assault and indecent practice.
Indecent assault. Is an assault against another person that has occurred in indecent circumstances,
where it is established, that the accused person was aware or did not give any thought to the fact,
that there was a lack of consent. Indecent assault also is known as sexual offence. This crime
may occur in different circumstances according the situation it may be as accident. Example
someone touching the breast of woman on area like to the high population that act cannot be a
crime because that person has no any intention to conduct that offence, but when we come if
there is intention to person on conducting the offence of assault direct it will be liable because it
contradict out of good behavior and there is punishment as proved to the Penal code[Cap 16 R.E
2022] section 135(1) Any person who, with the intention to cause any sexual annoyance to any
person utters any word or sound, makes any gesture or exhibits any word or object intended that
such word or object shall be heard, or the gesture or object shall be seen, by that other person,
commits an offence or sexual assault and is liable on conviction to imprisonment for a term not
exceeding five years or fine not exceeding three hundred thousand shillings or to both"55
Elements of indecent assault.
1.The accused assaulted another person
2.The assault was intentional and without lawful justification.
3.The accused did so in indecent circumstances.
4.The accused was aware.
54
Rashid S Kaniki vs Republic (1993) TZCA 30 (08 November 1993) TLR 258
55
The Penal Code [Cap 16.R E.2022]
Indecent practices.
Is one which right-minded person would consider to contrary to community standard of decency.
The practice of assault is one among of the crime which are prohibited by law.
because it is not acceptable manner thus it is a crime and has punishment according to the penal
code as cited above in section 135(1).
Nature of this offence is an offence against the person, when we come to the Constitution of the
United Republic Of Tanzania Of1977 as amended time to time this offence is against humanity
right and any person have right as proved per article 29(1) Every person in the United Republic
has the right to enjoy fundamental human rights and enjoy the benefits accruing from the
fulfillment by every person of this duty to society, as stipulated under Article 12 to 28 of this part
of this chapter of the Constitution"56.
Also, this
offence is against morality because is not acceptable manner in our society and it is one among
of the inchoate crime because the guilty person may will be liable even though investigation not
completed. And when we come to the inchoate crime its punishment provides to the penal code
[Cap16. R.E.2022] section 222A. Any person is found in unlawful possession of human being
parts commits an offence and shall, upon conviction, be liable to imprisonment for a period not
exceeding thirty years"57.
This offence in order to be crime must provide with two elements of crime known as Actus reus
and men’s rea:
I. Actus reus.
According to actus reus this it may not be a crime act due to the one who does the action have no
desire or intention to make that act accordingly to the circumstance the act conducted. This
proved to the penal code as cited above section 10(1) A person is not criminally responsible for
56
The Constitution of the United Republic of Tanzania of 1977.
57
ibd section 222 of the Penal Code
an act or omission which occurs independently of the exercise of his will or for an event which
occurs by accident"58.
Example to the case of.
Republic v.Doyle (1957) SASR 132.
II.Mens Rea
According to men’s rea indecent assault stand as a crime because it contradicted out of good
manner and make someone who that omission done to him by another person to feel bad. This
under section 135(1) Any person who, with the intention to cause any sexual annoyance to any
person utters any word or sound, makes any gesture or exhibits any word or object intending that
such word or object shall be heard, or the gesture or object shall be seen, by that other person,
commits an offence of sexual assault and is liable on conviction to imprisonment for a term not
exceeding five years or to a fine not exceeding three hundred thousand shillings or to both".
Example in the case of.
Sabet v. Republic [2011] VSCA 12459.
Republic v amp [2010] VSCA 48
The following are the punishment of indecent assault and indecent practice.
1.Imprisonment of five years
2.fine of three hundred thousand shillings
3.Both fine and imprisonment to the guilty person.
CRIME OF INCEST
BACKGROUND:
58
ibd section 10(1)
59
Sabet v. Republic [2011] VSCA 124.
Incest is the sexual activity between family members who would be forbidden (either legally or
socially) to marry 60 . It derives from the Latin incest us or incest, the substantive use of the
adjective use of the adjective incest’s meaning “unchaste, impure which itself is derived from the
Latin cactus meaning “chaste”.
Actus Reus of incest:
In some states intermarriage is a sufficient Actus Reus to constitute the crime of incest without
necessity for proof of actual sexual intercourse. Apart from this possibly, proof of actual sexual
intercourse (i.e., penetration though not necessarily emission) is required, and proof of lesser acts
of sexual gratification is not sufficient.
Men’s rea for incest are:
This are referring to the guilty of mind where someone are acts during performing an offence. In
an offence of incest this can be determined by various factors like, Harassing, conducting
marriage, and threats.
Incest constitutes a cultural taboo in most current nations and many past societies. In many areas,
incest is also prohibited by law. Which family members constitute those covered by the incest
prohibition is determined by the society in which the persons live. Some societies consider it to
include only those related by birth or those who live in the same household; other societies
further include those related by adoption, marriage, or clan. It has a social danger consisting in
the possibility of hereditary pathology.
This offence is all against morality where it is against Law, God and also Man and society at all;
whether there are exceptions like in Islamic religion they are allowed cousin to be marry each
other out of there we can call it as an offence (crime of incest).
60
Black’s law dictionary
In order someone to be sanctioned by incest crime there should be sexual activity between close
family members, without any agreements between the parties and have no authorization of
practicing incest. Diffuse sanction in the form of disapproval and shunning are applied if incest
should be occurred but these are mind. The guilty pair are not ostracized, but only whispered
about the held to have behaved like animals.
Provision of the law:
In the penal code of the United Republic of Tanzania incest are classified into two groups (Incest
by male and Incest by female). Incest by female are defined under section 16061 of the penal
code and Incest by male are defined under section 15862 of the penal code. Main punishment for
incest according to Tanzania penal code is imprisonment for not less than 30 years to both male
and female also found under section 158 and 160 of the penal code of Tanzania.
ELEMENTS OF INCEST:
Elements of incest are;
1. Knowingly having sexual intercourse with close relatives.
2. Sexual intercourse with a person who marriage is prohibited.
CASES:
61
Section 160 of the penal code, cap. 16 R.E. 2002
62
Ibid nf1 section 158
A case of Festo Mgimwa V R [2016] CA No 53 63 Festo Mgimwa denied with an offence of
incest by male contrary to section 158 (1) (a) of the penal code, Cap. 16 R. E. 2002 64. The
appellant had carnal knowledge of the girl aged 13 years who is also his biological daughter.
Held, the court held that the accused person was accordingly sentenced to thirty (30) years and
ordered to pay compensation of Tshs 500,000/=.
CRIME OF UNNATURAL OFFENCES
Unnatural offence is an act or behavior to commit a crime that is contrary to what is considered a
natural offence 65 . However unnatural offence is a term that is used to refer to offence that
involve non consensual sexual act or sexual acts that rea consider unnatural or abnormal.
It is an offence morality since it involves an act which is prohibitable in our culture sand
traditions and also is against human dignity.
What brought about the need of the crime to be sanctioned?
Unnatural offence is sanctioned under the penal code66and it provide the punishment for a person
who commit canal knowledge against the order of nature or with animals that an accused person
is maximum sentence of life sentence or not less than 20 years with exception to the child
under the age of 18 years the accused person will be punished for life imprisonment or not less
than 30 years if he attempts unnatural offence against a child under 18 years since it is against
morality and contrary to our customs and traditions and also it disvalue human dignity so it
destroy our moral ethics, culture and the nature of creation.
Provision of the law
Unnatural offence is defined as having sexual intercourse between or with any person against the
order of nature or is well defined in the penal code under section 154 which elaborates in
63
Festo Mgimwa v. R [2016] CA No 53
64
Ibid section 158 (1) (a) of the penal code, Cap.16 R.E. 2002
65
http://www.legalserviceindia.com
66
Penal code (cap 16 R. E. 2022) section 154
details on what is and corresponding punishments to such offence also provided under section
155 of the penal code67.
Unnatural offence is found under chapter fifteen (15) of the penal code which elaborates on
offence against morality.
With regarding to the constitution68 under article 14 as it stated about right to life it provides that
“every person has right to live and to the protection the society in accordance with the law”.
Elements of unnatural offence
I. To have a carnal knowledge with any person against the order of nature;
II. To have a carnal knowledge with animals;
III. Any person who permits a male person to have carnal knowledge of him or her against
the order of nature.
Example of a case law concerning unnatural offence
A case of David salum Likala V R [2020] High court of Mtwara69, the appellant was charged and
convicted of the offence of unnatural offence contrary to section 154 (1) (a) and (2) of penal
code. 22nd November 2020 the appellant did carnal knowledge with a girl of 3 years when a girl
went to play with her fellow under the mango tree which were found in the appellant’s
compound, were by the appellant gave a girl mangoes and money to buy a sweet “pipi” inside his
house and he touch her anus and insert something at her anus.
When the charge was arranged against the appellant, he denied the charge. After a full trial, the
court convicted the appellant and meted sentence of life imprisonment.
CRIME OF ABORTION
67
Penal code (cap 16 R. E. 2022) section 154 and 155
68
Constitution of united republic of Tanzania of 1977 14
69
http://www.media .tanzlii.org
Abortion is the delivery or expulsion of the human fetus prematurely, that is before it is yet
capable of sustaining at any period of gestation short of the full term. To cause an abortion is
unlawful, unless it is done in good faith for the purpose of saving the life of the mother (as to the
medical aspects of abortion).
Miscarriage Is often used as synonymous with and equivalent to abortion. It has been applied to
the expulsion of the fetus at any time during the period of gestation70 Therefore in the Penal
Code both abortion and miscarriage are used synonymous.
Child destruction This is an act of kill the unborn child capable of being born alive 71 .
According to the Section 219(3) of the Penal Code [Cap 16. R.E 2022] here after will be cited
as the Penal Code) a child capable of being born alive is one who reaches 28 weeks after
gestation.
In Tanzania, abortion is an offence against morality. An offence against morality simply means
acts that go against society’s norms and traditions or moral codes. This is because it is not our
behavior to carry out pregnancy unless it is proven that pregnancy endanger woman’s life.
contrary to other nations such us China, in which they passed different policies of allowing
abortion. For example in 2015 Chinese passed a policy of one child, in 2020 they passed a policy
of two child . This indicates that carrying miscarriage in China is not immoral as it is allowed.
Reasons for abortion to be sanctioned
o Abortion is against our morality.

In Tanzania abortion is against our traditions because not only the government that is
fighting against abortion even our religions do the same through their Holly books. For
example for we Christians abortion is a sin for those who commit it, because it breaches
one among ten commandments from our God of killing another person. Therefore
because of its immorality lead abortion to be sanctioned.
o Medical reasons
70
P. Rammanath Aiyar. Et al (Eds).(2009).Concise Law Dictionary 3rd Ed. Mumbai India. Pg 5
71
Bryan A. Garner et al (Eds) (2019). Black’s Law Dictionary.9th edition. Dallas Texas Law prose Inc.
Expulsion of the pregnancy is one among risk acts which endanger woman’s health and
sometimes it may cost her life. For example abortion may cause damage to the womb,
infections of the uterus or fallopian tubes, Excessive bleeding, scaring of the inside of
the uterus and sometimes death. Infections and damage to the uterus can lead to
infertility and increased risks of future childbearing. These problems make abortion to be
prohibited
In the Penal Code the crime of abortion is found under party two, which is talking about different
crimes and their punishments. For example, in case of Abortion the fallowing sections of the
Penal Code show its punishments and exemptions;
a) Section 150 provides punishment for a person attempt to procure abortion
“Any person who with intent to procure miscarriage of a woman, whether she is or is not with
child, unlawfully administer to her or causes her to take any poison or other noxious thing or
uses any force of any kind or uses any means whatsoever, is guilty of an offence and is liable to
imprisonment for fourteen years” .
b) Section 151 provides punishment for the woman procuring own miscarriage.
“A woman being with child who with intent to procure her own miscarriage unlawfully
administers to herself any poison or other noxious thing, or uses any force of any kind or uses
any other means whatsoever, or permits any such or means to be administered or applied to her is
guilty of an offence and is liable to imprisonment for seven years.”
c) Section 152 provides punishment for a person who supplying drugs or instruments
to procure abortion.
“ Any person who unlawfully supplies to or procures for another anything whatsoever, knowing
that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or
is not with child, is guilty of an offence and is liable to imprisonment for life”
d) Section 230 provides exemption for abortion conducted in a good faith

“Any person is not criminally responsible for performing in good faith and with reasonable care
and skill, a surgical operation upon any person for his benefit or upon an unborn child for the
preservation of the mothers life if the performance of the operation is reasonable having regard
to the patient’s state at the time and to all the circumstances of the case”.
e) Section 219 provides for punishment and exemptions for a person performed child
destruction
“any person who with intent to destroy the life of a child capable of being born alive by any
willful act causes the child to die before it has an existence independent of its mother, shall be
guilty of child destruction and shall be liable on conviction to life Imprisonment.”
Article 14 of Constitution of the United Republic of Tanzania [Cap 2. R. E 1977] state that
“Every person has the right to live and protection of his life by the society in accordance with the
law .” This article makes clear that even fetus in the womb has its rights of being protected by
the mother and society at large to make sure that it is born alive and sustaining life. Therefore by
committing abortion means that the fetus has denied its right to live unless that fetus endanger
mother’s life or health 72
.
INGREDIENTS OF ABORTION
i. The abortion performed for non medical reasons

The prosecution side has the duty to prove that the abortion performed for the aim of
killing the unborn child. This means that there was no any physical or mental risk could
be caused when that pregnant woman remain with her pregnancy. This is said to be
unlawfully performing of abortion in which it such crime punished by the law , For
example Section 150 of the Penal Code provides punish to a person who procures
abortion while Section 151 provides punishment for a woman procuring her own
miscarriage which is seven years imprisonment.
ii. The woman was pregnant in case she is the accused
72
The constitution of United Republic of Tanzania [Cap 2. R.E 1977]
The prosecution side has the burden to prove that the woman was pregnant, by providing
reasonable evidence which will prove that accused woman procured her own
miscarriage
CASE LAWS CONCERNING ABORTION AND CHILD DESTRUCTION
o A case of Rex versus Bourne [1938]3 All Er 615

This is an English case which is applicable even in Tanzania. This case concerned
charges of conducting illegal abortion on 14 years old girl.
Facts
In this case, the evidence indicated that the defendant (Bourne) performed an operation
of abortion on 14 years old girl who was pregnant as a result of rape.
Issues
Whether the defendant was guilty of illegal abortion.
Held
It was held that the operation was done in good faith, for the purpose of preserving the
life of the mother73
o A case Mehar Singh Bansel versus Rex (1959)
o A case of Republic v Roseline d/o Minja
CRIME OF PROSTITUTION
1. Background of the crime
a. Nature of the offence
i. offence against the person
Prostitution also appears to be linked with Lost of mental and also physical health problems,
including HIV, physical injures, gynecological problem, depression, posttraumatic stress
disorder and increased likehood of suicide attempts.
73
A case of Rex versus Bourne [1938]3 All Er 615
iii. Offence against morality.
Prostitution is the crime of moral turpitude that involves of buying or selling sex for profit.
Prostitution includes soliciting for sexual acts and compelling another to complete sexual sexual
acts with money. This acts in the societies is punishable because it's led to the moral decay.
b. What brought about the need of the crime to be sanctioned.
2. Provision of the law.
a. Section in the penal code/other law
Prostitution is explained in the section 146,147&148 of the penal code. Section 146 of the penal
code, Every woman who knowingly or in part on earnings of prostitution or who is proved to
have,for the purpose of gain, exercised control, direction or influence over the movements of
prostitute in such a compelling her prostitution with any person, or generally, is guilt of an
offence.
Section 147 of the penal code, where it is made to appear to a magistrate by information on oath
that there is reason to suspect that any house or any part of house is used by a person for any
purpose s of prostitution, or that any person residing in or part on earning of the prostitute, or
exercising control, direction or influence over the movements of the prostitute, the magistrate
may issue a warrant authorizing any police officer to enter and search the house and to arrest that
person.
Section 148 of the penal code, any person who keeps are house, rooms or place of any kind
whatsoever for the purposes of prostitution is guilt of an offence.
b. Found under which part of the penal code
The issues of prostitution it's normally found in part two of the penal code. In Part two based
offences against public order. Example of offences against public order are drugs crime and
prostitution which are found in part two of the penal code.
c. Discuss whether there is corresponding right in the constitution whose violation will
amount of crime. (eg Right to life and crime murder).
Section 16 (1) of the constitution, Every person is entitled to respect and protection of his person,
the privacy of his own person, his family and of his matrimonial life, and respect and protection
of his residence and private communications.
3. Element of the crime.
The term "prostitution" is not defined in the criminal code but the case law has identity main
three elements of the activity- the provision of the sexual services, the essentially indiscriminate
nature of the act and the necessity for some form of payment.
4. Case law/ precedent concerning the crime.
In the case of R v.Nganderu.
Prostitution was judiciary defined by Francis, J as the practice of practice of the offering the
body for promiscuous or indescriminate sexual intercourse with them. Prostitution which is
existence ever since the earliest time of civilisation in the world has got it's way in Tanzania
society where a new form emerged in the late 1990 "s and it's was nicknamed 'uchangudoa' (CD)
to mean prostitution and the prostitute been named a Changudoa. So far it is not considered to be
an offence under penal code but immoral. With this altitude it lead to the increase of rate of the
spread HIV/AIDS and other venereal diseases. This is due to the fact that although the societies
consider it to be morally wrong, people both women and men involve themselves in this field.
CRIME OF ABDUCTION
Abduction is the illegal or unlawful carrying away of a person from home, parents, or guardians
by using force, fraud, coercion, or persuasion. Abduction involves removing someone away from
his/her home, parents or guardians and may be either for the purpose of having sexual
intercourse or killing someone. Always the term of abduction tends to be related to the term
kidnapping but they are different at extent. Kidnapping refers to the taking away a minor or
person of unsound mind from its legal guardianship by using force.
Nature of the offence, Abduction is an offence against the person and an offence against
morality. An offence against person means it is done unconsent to the victim under the influence
of the coercion, fraud or may be persuasion and sometimes may be harmful to the victim and is
against morality as it involves nefarious motives such as sexual intercourse, killing or a ransom.
Abduction is a criminal offence and there is a need to be sanctioned because it is against the
interest of the state to protect its citizens and is against the interest of the person. Sanction
74
against abduction is provided for under section 133 of the penal code, Chapter 16, RE 2022
which state that " Any person with intent to marry or have sexual intercourse with a woman of
any age or cause her to be married or to have sexual intercourse with any other person, takes her
away, or detains against her will is duty of an offence and is liable to imprisonment for seven
years"
75
And section 134 of the penal code CAP 16 RE 2022 stipulates abduction of girls under sixteen
years " Any person who unlawful takes an unmarried girl under the age of 16 years out of the
custody or protection of her parents or other person having lawfully care or charge of her and
against the will of the parents or of that person is guilty of an offence."
Elements of abduction
(1) unlawful taking away of the victim.
(2) A nefarious motive like obtaining a random or having sexual intercourse or for killing.
Difference between abduction and kidnapping.
1 section 133 of the penal code, chapter 16, revised edition 2002
2 section 134 of the penal code, chapter 16, revised edition 2002
(a) Abduction is committed in respect of any age. There is no specific age of the person. While
kidnapping involve person of the age of 16 years or a girl of 18 years or a person of unsound
mind.
(b) Means employed in abduction includes force, compulsion, fraud, coercion, persuasion, or
other deceitful methods. While The means employed in kidnapping a child may be innocent it
means the minor is simply taken away.
(c) In kidnapping consent of the person is immaterial. It means the consent of the victim cannot
be used as defense to an accused person while in abduction consent of the victim is material. It
means the consent of the victim can be used as a defense to an accused person.
(d) In kidnapping the intent of a person is immaterial. He will be liable in all the circumstances
irrespective of the valid motive and good intention. While in abduction the intention of a person
is material it is very important to determine the offence.
CRIME OF FEMALE GENITAL MUTILATION
CRIME OF THEFT
Theft is the process of taking someone's property without communicating or exchange

information with him or her and change the ownership of that property 76It can be someone's
property, legal entity property or government property. In the Penal Code Act section
25877defines theft as" A person who fraudulently and without claims of right takes anything
capable of being stolen or fraudulently converts to the use of any person other than the general or
76
Ashworth,defining Criminal offences (ed) criminal law: essay in Honour of J.L smith (1987) Butterworth.
special owner thereof anything capable of being stolen steal that thing”. This is an offence
against property in which that property can be capable of being stolen. Example living like
animals, vegetations or lifeless things example objects but it must be movable or portable from
it's original place to a new place. Things which are not movable example land, buildings and
mountains are not capable of being stolen. Furthermore things which have no owner whatever it
is movable or immovable are not saying to be stolen unless it have the owner.
There is no specific age for stealing but according to Law of Tanzania Penal Code Act give a
defense to a person under the age of ten years is not criminally responsible for any act or
omission. And If that a person under the age of ten years commit offence of theft then assumed
that he was not knew that the act was offence because his mind is not capability enough to
determine wrong and right. See section 15(1) of the Penal Code Act78 "A person under the age of
ten years is not criminally responsible for any act or omission"
The government enacted laws and punishment against theft because it results to the following
effects.
It results into poverty.
When a person deprives or steal someone's property it reduces the per capital income of such
person taken his property
It results into deaths, harm, or damages.
Example thieves used sharp objects like swords, daggers and pangas which may then results into
killing or damages people.
It also causes hopeless life.
With their properties people fear about their lives. And many other effects that is why
government enacted laws to handle and protect people lives and their properties.
The following are the elements of theft or ingredients of theft.
For the act of theft to be liable or committed these ingredients must be lied on
77
The Penal Code Act CAP16 [R.E.2022]
78
Things capable of being stolen.
Not everything may be stolen, there are things capable of being stolen and others which are not
capable of being stolen. For the offence of theft to be committed there must be things capable of
being stolen. Section 257 of the Penal Code Act 79 defines things capable of being stolen as
"Every Inanimate thing which is the property of any person and which is movable is capable of
being stolen" See the case of ROSE Vs MATT (1951)KB 810 80 It was held that an owner of the
goods who entrusts them to another person in such a circumstances that the owner has special
property in them is guilty of the theft if he fraudulently takes them away again. Things which are
not movable are not capable of being stolen see section 258(6) of the Penal Code Act 81 " A
person shall not be deemed to take a thing unless he moves the thing or causes it to move"
Taking or movement of the thing
The thing to be stolen must be move or shifted from where originally it was to another place.
This process is called asportation and this is the Actus reus of the theft. See case of MAZE NGO
Vs MAGALE Vs REPUBLIC (1969) HCD 15682.In this case Mazengo was driven a cattle from
the Boma but he was arrested while he was still within the compound of the cattle owner. He was
convicted of the offence of stealing and appealed. On appeal the issue was whether there was
enough asportation for offence of the theft. The Judge held that asportation In law is always
present as long as anything has been moved from it is usual place. If taking is not complete there
is attempt theft.
Fraudulent taking conversion of the thing.
For the offence of theft to be committed taking or convention of the thing capable of being stolen
must be done fraudulently means the person alleged to have stolen a thing must have intention or
Mensrea to deprive the owner of that thing. There is a case of YUSUF SALIM MKALI Vs
REPUBLIC (1969) HCD 26483 The accused spent the money of his employer. He reported to his
employer of the incident, and it was agreed that deduction would be made from his salaries. This
was done for some time but later he was arrested and charged on theft.
79
80
The case of ROSE Vs Matt (1951) KB 810
81
Without bona Fide claim of right
If the accused person takes things capable of being stolen without bona Fide claim of right is
criminally liable for the offence of theft. Section 258 of the Penal Code Act84 defines as “A
person who fraudulently and without claim of right takes anything capable of being stolen or
fraudulently converts to the use of any person other than the general or special owner thereof
anything capable of being stolen steal that thing."
The following are the punishment for theft.
General punishment for theft. Section 265 of the Penal Code Act "Any person who steals
anything capable of being stolen is guilty of theft and is liable unless owing to the circumstances
of the theft or nature of the thing stolen, some other punishment is provided to imprisonment for
seven years."
Stealing wills, section 266 of the Penal Code Act85 "The things stolen is testamentary instrument
whether the test or is living or dead the offender is liable to imprisonment for ten years."
Stealing certain animals. Section 268(1) of the Penal Code Act86 Where the thing stolen is any of
the animal to which this section applies the offender shall be liable to imprisonment for fifteen
years"
82
The case of Mazengo Magale Vs Republic (1969) HCD 156
83
The case of Yusuf Salim Mkali (1969)HCD 264
84
85
86
CRIME OF ROBBERY
CRIME OF HOUSE BREAKING AND BULGRARY
HOUSE BREAKING AND BULGRARY; involves the breaking and entering into a part of a
building either external or internal by unlocking, pulling, pushing, lifting, or by any other means.
A person is deemed to enter the building as soon as any part of his body or any part of any
instrument is used by him is within the building.This has been provided under section 293 and
294 of the penal code (cap 16 Revised Edition 2022).87 The nature of the offenses is offense
against property, since any person is deemed to break and enter the house or building of
another person with intention to commit crime is the guilty of the offense against property.
Things that caused house breaking and Burglary to be sanctioned or punished
The need to protect people's properties, The need to protect people's properties this is because
laws are made to protect the people with their properties. As under article 27 of The Constitution
of The United Republic of Tanzania of 1977. Which provides that every person has duty to
protect the natural resources of United Republic, the property of the state and all property
collectively owned by the people and to respect another person's property. 88 So in the penal code
this have been provided it so as to be sanctioned as under section 194(1)(b) and (2) for the
punishment of the crime.89
87
The Penal Code ode (cap 16 Revised Edition 2022)
88
The Constitution Of The United Republic of Tanzania (Cap 2) of 1977
89
Ibid section 194(1)(b)and (2)
The increased stealing of other's properties, this as the result of poverty many people involved
in the crime of Bulgrary and house breaking for the aim of getting the risk to survive and to be
able to afford the basic needs for example, food, shelter and clothes. This also is there to be
sanctioned in order to reduce theft and stealing.
Theoretical Arguments on the Factors Influencing Breaking Crimes
Criminologists argue that crimes have their origins as
Marx (1813-1883) who argues that burglars do commit burglaries with the intention of acquiring
something which they do not possess due to the doctrine of economic difference of people in the
society. His approach is centered on class struggles being the cause of crimes whose solution is
rapid changes of the system in the society.
According to Karl Marx there are two classes existing in the society, the class of those who have
and those who have not, such classes are always in antagonism and due to life hardships of the
poor, the poor do resort to crime commission to acquire from those who have by any means
including burglary and house breaking. However, to them it is also a mechanism to fight against
exploitation, thus poverty is the influencing factor for housebreaking and burglary crimes.
ELEMENTS OF HOUSE BREAKING AND BULGRARY
In South African law, housebreaking consists of five elements. These elements are a crucial part
of the crime, the reason is simple: all the elements must be present in order for a perpetrator to be
guilty of housebreaking with the intent to commit a crime.
BREAKING, refers to a perpetrator that displaces some obstruction, which forms part of the
premises, to create an entry onto that premises. Breaking can take effect when a lock, window or
door is forced open or broken. Thus also section 293 (1) provides that breaking occurs either
external or internal by unlocking, pulling, pushing, pulling any part is building either window,
door, shutter, cellar flap and other with the intent to break the house.
A DWELLING HOUSE, this refers to any building, tent, or vessel in which human being lives.
At common law a capital offense, it seems that according to the ancient authors Burglary
consisted in in breaking into houses churches or the walls or gates of a town by night later
however it comes to be defined at common law as breaking and entering the dwelling house of
another whether such felony be actually committed or not.
ENTERING, this also in the penal code, any person is deemed to enter a building as soon as any
part of his body or any instrument used by him is within the building. And this it may occur
whether at night or during a day.
INTENT TO COMMIT A CRIME
This is the intention of a person to commit the offense, As the section 294(1)(b) of the penal
code provides that, a person having entered any building, tent, or vessel used as a human
dwelling with intent to commit an offense in the building, tent or vessel is guilty of house
building. Also the case of Chambo Ramadhan v Republic (1985)TLR 178.The appellant was
charged with two counts of stealing and house breaking respectively with the intention to commit
such acts. As section 265 of the penal code provides and 294(1) a man found guilty of an
offense.90 In the case of Rajabu Abdalla v R. [1967] H.C.D. no. 416. The accused in that case
was charged with housebreaking and was convicted of attempted housebreaking. The charge
stated that he broke and entered a specified dwelling house "with intent to commit a felony
therein", but it did not specify the D felony which had been intended. On appeal Biron J. held
that the accused was not informed as to what he was charged with, for the intent, which is an
indispensable ingredient of the offence, was never specified and that the defect is not curable on
appeal.91
The differences between house breaking and burglary.
Burglary is when a person steals one or more items from any location. House breaking can mean
two things. One, someone has illegally gotten into a house that is not theirs by breaking an entry
point open and going inside. The other meaning is when you've a new pet and you teach the pet
92
to go potty in the litter pan or outside. They are then considered housebroken.
Also, The two terminologies differ as house breaking occurs during the day while burglary
occurs at night.
90
Chambo Ramadhan v Republic(1985)TLR 178.
91
Rajabu Abdalla v R. [1967] H.C.D. no. 416.
92
https://www.quora.com/What-is-the-difference-between-burglary-and-house-breaking
DEFFENCES AGAINST THE CRIME
Defense of person or property where a person is not criminal liable for an act done in the
exercise of the right of self-defense or the defense of another or the defense of property as
section 18A of the penal code, that every person has the right to defend himself or another person
against any unlawful act, assault or violence.93So others cannot be charged criminally liable for
this reason.
Insanity, this also can be a defense of the crime since , section 13 of the penal code which
provides as a person shall not be criminally responsible for an act or omission if at the time of
doing the act or making the omission he is through any disease affecting his mind , incapable of
understanding what he is doing, incapable of appreciating that he ought not to do the act, also
does not have of the actor omission.
The Bonafede claim of right, this also is another defense of a person against property, that A
person is not criminally responsible in respect of an offense relating to property if the act done or
omitted to be done by him with respect to the property was done in the exercise of an honest
claim of right and without intention to defraud. So a person charged with house breaking and
burglary can use this defense.94
IMPACTS OF THE CRIME
Impact on Homeowners
Property crimes in a community can cause the feeling of a lack of security and spread fear
among homeowners, apartment dwellers, and businesses. And this can be residence-based fear -
the home is viewed as private and coveted, thus increasing the fear of burglary as an invasion of
privacy and neighborhood-based fear - this type of fear spreads concern as who will be the next
victim for burglary based upon shared safety and privacy for the common good of all in the
neighborhood
Financial Impact of Property Crimes
93
Ibid section 18
94
Ibid section 13(1)
Along with fear, victims of property crimes can experience two types of costs, direct or tangible
costs - loss and damage to property and the possible reduction in home value. Indirect or
intangible costs - the psychological issues of pain and suffering, reduction in quality of life, and
distress
CRIME OF FRAUD
Fraud is offence of lies, concealment, or false representation of facts whether by intentionally

withholding important information or provide false statements to another party for the purpose of
gaining something that may not have been provided without deception and it is not physical act
of violence but it seen seriously since it take great financial damage and it is can be in many
forms like banking fraud mail, health care and insurance fraud.
1. The following are the nature of this offence
I. Whether it is offence against person , usually offence against person this is refer to a
crime which committed by directly physical harm a person so fraud is not offence against person
since does not completely commit directly physical harm
II. Whether it is Offence against property, offence against property is unlawful taking
another person property and fraud can be offence against property through taking another person
property by false statement or presentation so it may be a offence against property
III. Whether it is Offence against morality, morality is the belief or recognition that certain
behaviors are either good or bad and fraud since it makes false statements and false
representation of fact by falsifying in order to gain something that may not have been provided
without deception so this is badly behavior so fraud in another way may be offence against
morality
IV. Whether it is Financial/white collar crime, This is a nonviolence crime often

characterized by deceit or concealment to obtain or avoiding losing of money or property or to
gain a personal or business advantage, since fraud involved lies, concealment or false
representation of facts whether by intentionally withholding important information or provide
false statements to another party for the purpose of gaining something that may not have been
provided without deception it is directly that fraud is financial/white collar crime
V. Whether it is inchoate crime, this means that not completed or imperfect crime and this is
to plan and scheme in one’s mind to commit an offence which is unlawful and however a person
take step towards affect that plan to commit a substantive offence, on fraud some time it may
inchoate crime since a person can try to bring a false statements to get something but not
completely or lied or make false representation of fact but not completely gain it may be inchoate
crime in fraudulent
1(b)The following brought the need of the fraud to be sanctioned
Fraud cost the economy billions of dollars each and every year and both who caught when there
is intention in the irregularities but rather to apply any sanctioned and administrative fines that
available to it and a person who caught is subjected to fines or imprisonment for the seven years
and it is found under section 120 of the penal code chapter 16 Revised Edition 2022. Provided
that “A person employed in the public service who, in the discharge of the duties of his office,
commits any fraud or breach of trust affecting the public, whether the fraud or breach of trust
would have been criminal or not if committed against a private person is guilty of an offence and
shall be liable to imprisonment for the seven years “.
2. The following are the provision of the law on the fraud
a) It found on the penal code under section 307 (c) of the penal code Revised Edition
2022.provided that “makes any false statements as to the little offered or conceals any fact
material thereto, is guilty of an offence and is liable to imprisonment for five years”
b) Fraud is found under the part ii of the penal code, which is about Crimes, chapter xiii
“miscellaneous offences against public authority”.
c) The following are the corresponding right in the constitution whose violence will amount
to fraud
On article 13(d) Right to privacy and personal security

“for the purposes of preserving the right or equality of human beings, human dignity shall be
protected in all activities pertaining to criminal investigations and process, and in any other
matters for which a person is restrained, or in the execution of a sentence”
3. The following are the elements of fraud
a. A representation of false statements as a material fact, this is element of fraud on which

offender must bring out material fact on which is false statements which have been cause effect
on the transaction
b. The offender has to know that the statement which he or she bring is untrue, the offender
must know that the statement which have bring is untrue this help to know it is true that person
have an intention to done the offense
c. The victim must prove that the defendant intended to deceive the victim, by reasonable
fact the victim must prove and show that the offender have intended to do the offense by bring
the false statements or concealment to gaining something that may not have been provided
without deception
d. The victim has to demonstrate it relied on the false statement, the victim reliance must be
reasonable and must show that as a result of his or her reliance on the mis presentation or false
statement have get effect or damage
e. The victim has to suffered damages as results of acting on the intentionally false
statement, another element is must have some effect damage which affect directly a victim and a
victim must have a reasonable damage which is from a false statement or lied and concealment
of fact.
4. The following are the case law or precedent concerning of the fraud
Carpenter united states (1986),484us19
A case in which the court held that pre-release of newspaper’s plication schedule qualified as
using mail and wire fraud as an essential part of a scheme to be defraud an entity of their
property.
A case of Kelly V united state (2019)590us
A case in which the court held that baron and Kelly executed the new jersey “Bridgegate”
political retribution scheme against fort lee’ mayor did not violent the federal program fraud or
wire fraud law because they did not aim to obtain money or property from the federal port
authority
A case of skilling V united states 561us368(2009)
A case in which the court held that the former CEO of Enron received a fair trial before an
important jury and that the federal law that makes it a crime of fraud to deprive someone of a fair
and honest trial only applies to bribery and kickback schemes.
CRIME OF FORGERY
Forgery 95 According to black’s law dictionary, is the act of fraudulently making a false
document or altering a real one to be used as if genuine, Also according to the concise law
dictionary Forgery96 whoever makes any false document or part of document with intent to
cause damage or injury to public or any person or to support danger or injury to public or any
person or to support any claim or tittle or to cause any person to part with property or to enter
into any access or implied contract or with intent to commit fraud ,Forgery97 also well define in
the penal code [Cap 16 RE 2022] here after will be cited as Penal code section 333 as
creating a false document with intent to deceive or defraud where by defraud is to cause injury
or loss to person by deceive according to Black’s law dictionary ,Among of most common kind
of forgery are forging of checks, government document, personal accomplishment, financial
document and so on.
Background of Forgery
95
Bryan A. Garner et al (Eds)(2019). Black’s law dictionary. 9th Edition Dallas Texas law prose Inc
96
P. Rammanath aiyar.Et al (Eds) (2009).Concise law dictionary 3rd Edition .Mumbai India
97
The Penal code [cap 16 Re 2022] section 333
The art of forgery is Old, the crime of forgery has been practiced since ancient times in every
country were writing existed and paper was used for financial and transaction. Law against
forgery can be traced to 80BC when the Romans prohibited falsification of the documents that
transfer land to heirs. Forgery was prevalent in Europe in the middle ages, Gradually laws were
passed to prohibit forgery in every developed country but it was difficult to identify some of
highly skilled forgeries hence later on William Blackstone define Forgery in common law which
is also called a crimen falsi as a fraudulent making or altering of a writing to the prejudice of
another man’s right
Nature of the offence (Forgery)
In the nature of offence, Forgery according to it is consequences on right and obligations

Forgery will fall under two categories which namely.
I. forgery as offence against property

II. forgery as financial/white collar crime
I. forgery as offence against property
Offence against property typically involve interference with the property of another party
although they may involve physical or mental harm to another, Forgery become an offence
against property because it include making a false document or a part of document in order to
acquire or claim a property or tittle of another person so what makes forgery to fall in this
category of nature offence is, because of forgery someone's property can be taken and this
is well defined under definition of forgery under concise law dictionary
II. Forgery as financial/White collar crime

Non violent offence committed directly or indirectly for financial gain generally fall under
category of “white collar crime” some financial crime do not target a specific person or
business but they considered of criminal because they leave an overall negative public
impact. Forgery fall under this category because forgery include fraud to obtain something
valuable and it can be money or property from another person or instutions as well as public.
fraud involve deceptively convincing a person to give up something voluntary, fraud
schemes might involve forged documents, bank fraud or credit card fraud, So that any fraud
that having legal consequences is forgery lastly fraud that used in Forgery to get anything
valuable from another part and hence Forgery to be termed as financial/white collar crime .
Why forgery prohibited by law.?
In other hand we say what brought about the need of the forgery to be sanctioned., Forgery is
prohibited by the law in all countries which having well system of government for instance in
Tanzania forgery is opposed strongly by the Government and the penal code provide punishment
someone who convicted by forgery include imprisonment and fine .The great reason of forgery is
to avoid injury or damage of public or individual because forgery it support claim or entered of
money or property or any thing which someone do not deserves but through forgery he or she
can get it and all other reasons for prohibition of forgery originated from this core point for
example someone forge reasons of personal accomplishment means that person may get a claim
right which he or she do not deserve other reasons that originated from that core point is forgery
it reduce accountability , Forgery cause disappearance of fairness and justice and so on.
Provisions of law upon Forgery
What law say on Forgery particularly in Tanzania?, Forgery98 is well defined under the penal
code [cap 16RE 2019] In section 333 as creating a false document with intent to deceive or fraud
98
The penal code section 333
also forgery punishment 99 is well provided under Penal code section 337-374 which include
imprisonment for life as well as imprisonment for several years accordingly to kind of forgery
committed also fine, Punishment of forgery provided accordingly to factual situation of the case
and that forgery to what extent cause a damage or injury to another part. In Penal code [Cap 16
RE 2019] forgery fall under PART II,DIVISION VII, CHAPTER XXXVI up to VLI
Elements/Ingredients of Forgery
In order someone to be termed as he or she done forgery there are several things and
circumstances that supposed to occur and also in the court the prosecution side supposed to
prove this element in order to make defendant liable, The following are the elements of Forgery.
I. Person must make, alter, Use or possess a false document.
Forgery include creating a false document from scratch or altering a document which
means to made modifications which consist false information Furthermore more even to
possess a false document also regarded as the element that need to be proven for someone to
be convicted, Not only to possess but also to use forged documents is regarded as element
also of forgery so this is the first ingredient of forgery.
II. The document must have a legal significance
Not just a false writing will be considered as a criminal forgery, Common examples
of documents with legal significance includes contracts, Passports, prescriptions, Historical
papers, Wills and Art. Legally significant means that the documents effects legal rights and
obligations Signing someone else on friendly letter would not be forgery because it is
probably not legally significant on the other hand singing someone else's name on
recommendation for a Job may be a forgery because it might effect employment and that Is
99
The penal code section 357-374
legal effect, So in order a document to be termed as forged supposed to have a legal
significance so this also is another ingredient to be proven by prosecution side.
III. Intent to Fraud
The person committing the forgery must have done so with the specific intent to
defraud or trick another person or entity, Intent means the connection between the defendants
state of mind and the physical act of committing the crime wit which they were charged , So
that in order someone to be convicted with forgery the prosecution side supposed to prove
that the defendant have both desire to commit the act as well as knowledge or intent that
committing the act would achieve the end result.
Case law/Precedent
Also forgery having several case laws/precedents below is the one of them.
The Case of Stanley Murithi Mwaura V Republic (Criminal appeal 144 of 2019) [2021]
TZCA 688100.
The case giving rise to this appeal was commenced by presentation of 167 pages charge
sheet detailing 419 courts of white collar crime of forgery, Obtaining money by false pretense,
Uttering false document and engaging in illegal act of money laundering the offences were
allegedly systematically and discreetly committed over a stretch of four years from early 2012
up to 2016. The charged as hinted above were respect of forgery contrary to section 333, 335(a)
and (d) (i) and 338 of penal code [Cap 16 RE 2019], Obtaining money by false pretense contrary
to section 302 of Penal code and uttering false document contrary to section 342 of penal code
and act of money laundering to section 12 (a) and 13(a) of Anti money laundering act No. 12 of
2016, In the process of committing the above crime it was alleged that the appellant illegally
obtained Tzs 911,382,335.50 from account no 00100110425192700001 operated by
professional paint Centre Ltd and Azania bank limited between years of 2012 to 2016
Subsequent to the conviction the appellant was sentenced to heavy monetary fine of Tanzanian
Shillings Nine billion nine hundred million (Tzs 9,900,000,000.00) along momentous
imprisonment for over 2000 years had it not been for the sentences imposed to run concurrently
the details of sentences were firstly the offence of forgery he was sentenced to jail term of seven
years in respect each of the ninety-nine counts for forgery second he was sentenced to seven
years imprisonment for Obtaining money by false pretense in respect of each of ninety-nine.
CRIME OF MONEY LAUNDERING
MONEY LAUNDERING
Refers to the processing of criminal proceeds to disguise their illegal origin. OR “making money
from crime and the passing it through a business to make it appear legitimate 101”. This process is
at critical importance as it enables the criminal to enjoy these profits without jeopardizing their
source. This crime is more described in Ant-money laundering Act (CAP 423 R.E 2022) section
.It also said as economic offence in the first schedule to the Economic and organized crime
control Act (CAP 200 R.E 2019).
Also it has been addressed in the UN Vienna convention of 1988 Article 3(1) as the conversion
or transfer of property knowing that such property is derived from any offence, for the purpose
of concealing or disguising the illicit origin of the property or of assisting any person who is
involved in such offence to evade the legal consequences.
STAGES OF MONEY LAUNDERING
Money laundering it is in three stages up to be legal financial system from the illegal activities.
These are as follows;
• Placement: this it means to move the funds from direct association with the crime.
• Layering: disguising the trail to foil pursuit.
• Integration: this mean to make money available to the criminal from what seem to the
legitimate sources.
Generally, not all cases of money laundering pass through all stages because in other cases two
stages can combine to form one stage. For instance, Drug sales are divided into small amounts
100
Stanley Murithi Mwaura V Republic (Criminal appeal 114 of 2019) [2021] TZCA 688.
then they are deposited by “money mules” and afterward transferred as payment for services to a
shell company. In this case placement and layering are done in one stage.
THE INSTITUTION DEALS WITH MONEY LAUNDERING
It is explained under s.4(1) it state that, there shall be established under the ministry responsible
for finance an extra ministerial department to be known as financial intelligence unit also known
as acronym.
This will responsible for receiving and analyzing all source of transaction of funds report across
the border and the transfer of money .its members will be appointed by the president and the one
who with be pointed are the ones who are in ministry of finance, members from bank of
Tanzania and the members from the revolution of Zanzibar. And this members who appointed
are described under s.8 (2)a-u of ant-money laundering act.
SOURCES OF MONEY LAUNDERING
I. Drug trafficking: refers to the process of distributing, transporting and selling drugs
place to place.in which people make it as their source of income and for that is so called
money laundering.
II. Tax evasion: it means to break the law to reduce tax bills. This means that some of
officers from tax collection authority are not effectively accountable to their work, that
why they take money from business men so that they can reduce the amount of taxes to
be paid by them.
III. Corruption: This is the illegal act of receiving or gives a valuable property in order to
get some favor. And for the one who is receiving and using it in other business it is said
that he /she have done money laundering.
Punishment to those who done money laundering
This kind of punishment is prescribed at the ant- money laundering act (CAP 423 R.E 2022)
s.13-14. For the person who has done money laundering will supposed to pay a fine that will not
exceed TZs 500 million and not less than TZs 100 million or an amount equivalent to three times
101
Black`s law dictionary 8th Ed (2004)
the market value of the property, whichever is greater or to a term of imprisonment not
exceeding 10 years and not less than 5 years.
But also, In Economic and organized crimes control act (CAP 200 R.E 2019) Section 60(2) the
offender will be sentenced for 20years imprisonment irrespective of the gravity of the offence
and the maximum is 30years imprisonment when the crime is proved to have been committed in
the organized manner.
Exception on punishment imposed
For the exception that the parties must be agreed about the sentence to be imposed, this is
described in criminal procedure Act (CAP 20 R.E 2022) it gives the accused power to agree on
the sentence to be imposed and the court is bound to impose the sentence agreed by the parties.
But in case the plea agreement is recorded by the court prior to the amendment of section 194D
of the criminal procedure Act the sentencing procedure following the conviction founded on a
plea agreement was governed by the criminal procedure.
PREVENTION OF MONEY LAUNDERING
The following are things that government can do so as to prevent, to reduce or to eliminate
money laundering;
• Government can make it a crime if it has not been made: for this they can give
investigating agencies the power and authority to trace the criminal and confiscate
properties relate to money laundering. For instance of agency is financial intelligence
unit.
• Government should build a sound frame work of the law: government through its organ
which is parliament should enact strict laws that can able to control money laundering
that will provide punishment to those who perform this offence.
• Government should ensure smooth cooperation in it`s different department: the
department like police, preventing and combating corruption bureau (PCCB), Bank of
Tanzania and financial intelligence unit if they perform their work by cooperating it will
help to prevent money laundering in our country.
• Government should build a social network of country: here government should ask the
cooperation with it`s all citizen that they will help to report the information about any
offence which associate with money laundering.
CRIME OF DRUG TRAFFICKING
1. Background of the crime
a/Nature of the offence
i/ offence against person
The offence of drug trafficking is against person because it has negative consequence to people
which are;
It can lead lung cancer; These means that for those people who use different drugs like
marijuana,crackcocaine,heroin,methamphetamine and opiods or prescription drugs can lead to
suffering that disease of lung cancer due to the or through the sigarrate smoking, because the
siggarate smoking for long time cause to change the colour of lungs to be very black and later
lead the lung cancer to occur.
Also drugs can lead death to the people; The siggarate smoking is very dangerous for both
people, young people and maturity people because when they continue to use that drugs for long
time can lead health problems for the occurrence of different disease like lung cancer and brain
problem so through that diseases can lead death to occur for those people who use that drugs for
long time.
ii/offence against property
The offence of drug trafficking against property.By the following consequence which are;
Drugs can lead to the occurrence of fire; Through the use of drugs like marijuana,
crackcocaine, heroin, methamphetamine and opiods through the siggarate smoking also can lead
to the occurrence of fire through piece of siggarate after the end of smoking that put to that area
If there are dry grass can lead fire to occur.
Drugs also can lead to the occurrence flammable an improper storage; The drugs can lead to
the occurrence of flammable to the environment through the plaintiff harmful chemicals used to
produce produce the drugs cultivation like cannabis cultivation and methamphetamine
cultivation and through that flammable occur to that area also can lead to the death to the people
who living on that area and death of animals living on that area so that generally lead to the
disappearance all livingthings.
iii/offence against morality
Also the offence of drug trafficking against morality it has thefollowing also the negative
consequence in the community which are;
Drugs can lead to the occurrence of different crimes; Through the use different drugs to
the community for those who use that drugs can lead to have more confidence than
normal,so through that can lead to them to form terrorist group like Alishababa and other
groups and also that terrorist can lead to the assassination of another people on our
community that we leave.
Also drugs can lead to the improper behavior to the people; Through the use different
drugs for the long time that can lead to improper behaviour for those people who use that
drugs for long time because it cause them brain problem that is why leads to him or her to
have with improper behaviour.Example lead to their to use abusive language which are not
allowed to the community because language which are accepted by community is proper
behavioral which have use good language in the community
iv/Financial/white collar crime
Because it increase costs to the government when trying to combat a crime or offence
v/Inchoate crime
2.Provision of the law
a/Section in the penal code
The drug trafficking according to the penal code [CAP.16.R.E 2022], section 182 state that, A
person who adulterates any drug or medical preparation in such a manner as to lessen the
efficacy or change the operation of the drug or medical preparation, or to make it
noxious,intending that it shall be sold or used for any medicinal purpose, as if it had not
undergone adulteration, is guilty of an offence. And also drug trufficking explained in section
183 state that, Any person who, knowing any drug or medical preparation yo have been
adulterates in such a manner as to lessen its efficacy, to change its operation, or to render it
noxious, sells it or offers or exposes it for sale, or issues it from any dispensary for medicinal
purpose as unadulterated, or causes it to be used for medicinal purpose by any person not
knowing of the adulteration, is guilty of an offence.
b/Found under which party of the penal code
In the penal code [Cap .16.R.E.2022], the drug trafficking found in the party II and also this
offence is the offence against public order.
c/Discuss whether there is a corresponding right in the constitution whose violation will amount
to the crime eg(right to life and the crime murder)
3.Elements of the crime
4.case law/precedence concerning the crime

The following are the chase concerning the crime of drug trafficking which are ;
Case of Bikram Singh majithia vs state Punjab on 24, January 2022, illegal proceed, and money
received from such activities of drug trafficking is also stated to be an offence. Personnel other
government facilities for assisting facilitating and abetting drug trafficking and other related
illegal activities is an offence.
Punjab-Haryana high court
Cite 54 cited by 0-full document.
Case of Ashok Solomon vs Union of India and ors.on 29 September, 1989
Largest drug trafficking who indulges in large scale trafficking and is a kingpin in organized
drug trafficking... Largest drug traffickers who indulges on large scale trafficking and is a
kingpin in organized drug trafficking. The averments
Delhi high court
Cites 18-cited by 0-full documents.

CRIMINAL OFFENCES GUIDE

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

CRIMINAL OFFENCES GUIDE

Uploaded by

Copyright:

Available Formats

CRIMINAL OFFENCES

a) Nature of the offence

Provisions of the law

• The Actus Reus of Murder

These elements require further discussion.

• The Mens Rea of Murder

(c) An intent to commit a felony;

On the matter of R v. Cunningham [1982] AC 566. House of Lords

The following are element of crime concerning manslaughter as follows below

The woman has to a natural mother of the child.

The child was less than 12 months old

The Following are General Elements of Assault which are;

Also provocation is no defense to a charge of assault or related offences,but it would be a

2. Provisions of the law

b) Rape found under the following part of the Penal Code:

3. Elements of the crime

Having Unlawful Carnal Knowledge of a Woman or a Girl: this means that it is

Must be a woman immature, especially in a proof of the age

There must be carnal knowledge.

The action involved must be intentionally and penetration.

CRIME OF IN INDECENT ASSAULT AND INDECENT PRACTICE

Meaning of indecent assault and indecent practice.

Elements of indecent assault.

1.The accused assaulted another person

2.The assault was intentional and without lawful justification.

3.The accused did so in indecent circumstances.

4.The accused was aware.

Example to the case of.

Republic v.Doyle (1957) SASR 132.

Example in the case of.

Sabet v. Republic [2011] VSCA 12459.

Republic v amp [2010] VSCA 48

1.Imprisonment of five years

2.fine of three hundred thousand shillings

3.Both fine and imprisonment to the guilty person.

Actus Reus of incest:

Men’s rea for incest are:

Provision of the law:

Elements of incest are;

1. Knowingly having sexual intercourse with close relatives.

2. Sexual intercourse with a person who marriage is prohibited.

CRIME OF UNNATURAL OFFENCES

What brought about the need of the crime to be sanctioned?

Provision of the law

Elements of unnatural offence

Example of a case law concerning unnatural offence

Reasons for abortion to be sanctioned

o Abortion is against our morality.

a) Section 150 provides punishment for a person attempt to procure abortion

d) Section 230 provides exemption for abortion conducted in a good faith

i. The abortion performed for non medical reasons

CASE LAWS CONCERNING ABORTION AND CHILD DESTRUCTION

o A case of Rex versus Bourne [1938]3 All Er 615

1. Background of the crime

a. Nature of the offence

i. offence against the person

b. What brought about the need of the crime to be sanctioned.

2. Provision of the law.

a. Section in the penal code/other law

3. Element of the crime.

4. Case law/ precedent concerning the crime.

In the case of R v.Nganderu.