20170918 TZHC Dar es Salaam2
The appellant was charged, tried, and convicted under a non-existent provision of law, resulting in an incurably defective charge sheet and an unfair trial. The proceedings and judgment of the trial court are nullified.
- Citation
- 20170918 TZHC Dar es Salaam2
- Parties
- Appellant: Abel s/o Jackson; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 September 2017
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- Appeal allowed; trial proceedings and judgment nullified.
- Legal Topics
- Defective Charge Sheet, Fair Trial, Jurisdiction, Miscarriage of Justice
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Abel s/o Jackson
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant was convicted under a defective charge sheet referencing a non-existent law
- 2 Whether the defect in the charge sheet occasioned a miscarriage of justice
Ratio Decidendi
The appellant was charged, tried, and convicted under a non-existent provision of law, resulting in an incurably defective charge sheet and an unfair trial. The proceedings and judgment of the trial court are nullified.
Court Disposition
Appeal allowed; trial proceedings and judgment nullified.
Orders
- Entire proceedings and judgment of the trial court are nullified.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment