19790516 TZHC Dar es Salaam
Because it cannot be determined whether the appellant remembered the charge at the commencement of the hearing, the omission to remind him may have prejudiced him and occasioned a failure of justice; therefore, the proceedings are declared a nullity and a retrial is ordered.
- Citation
- 19790516 TZHC Dar es Salaam
- Parties
- Appellant: Aimed Gingi; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 May 1979
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Stealing by Servant, Criminal Procedure, Plea Taking, Nullity of Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Aimed Gingi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether failure by the trial magistrate to take a fresh plea or remind the accused of the charge renders the trial a nullity
- 2 Whether such irregularity is curable under section 346 of the Criminal Procedure Code
Ratio Decidendi
Because it cannot be determined whether the appellant remembered the charge at the commencement of the hearing, the omission to remind him may have prejudiced him and occasioned a failure of justice; therefore, the proceedings are declared a nullity and a retrial is ordered.
Court Disposition
appeal allowed
Orders
- Proceedings of the lower court declared null and void
- Appellant to be charged afresh on the same facts
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