N

N

The High Court, even at the pre-trial stage before the DPP's decision, should as far as possible impose similar bail conditions as those under Section 35 of the Economic and Organised Crime Control Act, 1984. The court rejected the argument that Section 35(3)(c) should not be considered, holding that consistency in bail conditions is necessary and the seriousness of the offence must be reflected at all stages.

Citation
N
Parties
Prosecution: The Republic; Applicant/accused: Shauri Limana; Accused: TuMohamed Said; Accused: Mrisho Said; Accused: Hamisi Katari; Accused: Selemani Salida
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 August 1985
Procedural Posture
Bail Application in Criminal Proceedings / Pre Trial, Pending Dpp's Decision to Prosecute
Outcome
Bail denied
Legal Topics
Bail, Unlawful Possession of Offensive Weapon, Judicial Discretion, Detention Duration
Source Language
English
Criminal Law Economic Crimes Bail Unlawful Possession of Offensive Weapon Judicial Discretion Detention Duration

Case Brief

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Parties

The Republic

Prosecution

Shauri Limana

Applicant/accused

TuMohamed Said

Accused

Mrisho Said

Accused

Hamisi Katari

Accused

Selemani Salida

Accused

Procedural Posture

Bail Application in Criminal Proceedings / Pre Trial, Pending Dpp's Decision to Prosecute

Legal Issues

  1. 1 Whether bail should be granted to the applicant pending the DPP's decision to prosecute under the Economic and Organised Crime Control Act, 1984
  2. 2 Whether the High Court is bound by the bail conditions under Section 35(3) of the Act at this stage

Ratio Decidendi

The High Court, even at the pre-trial stage before the DPP's decision, should as far as possible impose similar bail conditions as those under Section 35 of the Economic and Organised Crime Control Act, 1984. The court rejected the argument that Section 35(3)(c) should not be considered, holding that consistency in bail conditions is necessary and the seriousness of the offence must be reflected at all stages.

Court Disposition

Bail denied

Orders

  • Application for bail is refused.