amir francis kigahhey others vs republic 2019 tzhc 234 11 december 2019

amir francis kigahhey others vs republic 2019 tzhc 234 11 december 2019

The trial judgment failed to comply with Section 312(1) and (2) of the Criminal Procedure Act by not specifying points for determination and not entering proper conviction, rendering the judgment and sentence a nullity.

Citation
amir francis kigahhey others vs republic 2019 tzhc 234 11 december 2019
Parties
Appellant: Amir Francis Kigahhe; Appellant: Jairani Mohamed Rashid; Appellant: Ibrahim Samweli Mkande; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 December 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
judgment and sentence quashed and set aside
Legal Topics
Judgment Compliance, Conviction Requirements, Economic Crimes, Wildlife Offences
Source Language
English
Criminal Law Criminal Procedure Judgment Compliance Conviction Requirements Economic Crimes Wildlife Offences

Case Brief

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Parties

Amir Francis Kigahhe

Appellant

Jairani Mohamed Rashid

Appellant

Ibrahim Samweli Mkande

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judgment complied with Section 312(1) and (2) of the Criminal Procedure Act
  2. 2 Whether proper conviction was entered for each count
  3. 3 Whether the sentence and conviction are valid

Ratio Decidendi

The trial judgment failed to comply with Section 312(1) and (2) of the Criminal Procedure Act by not specifying points for determination and not entering proper conviction, rendering the judgment and sentence a nullity.

Court Disposition

judgment and sentence quashed and set aside

Orders

  • Trial magistrate directed to prepare a judgment in accordance with Section 312 of the Criminal Procedure Act
  • If not possible, appellants to be tried afresh