19700902 TZHC Dar es salaam2

19700902 TZHC Dar es salaam2

In the peculiar circumstances of the case, and on the principle that justice must be seen to be done, the appeal is allowed, convictions quashed, sentences set aside, and a retrial ordered before a different magistrate.

Citation
19700902 TZHC Dar es salaam2
Parties
Appellant: Appellant; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 September 1970
Procedural Posture
Criminal Appeal / Summary Rejection Under S. 317, Appeal From Conviction and Sentence
Outcome
appeal allowed, convictions quashed, sentences set aside, retrial ordered
Legal Topics
Forgery, Stealing by Servant, Fraudulent False Accounting, Criminal Procedure, Retrial
Source Language
English
Criminal Law Forgery Stealing by Servant Fraudulent False Accounting Criminal Procedure Retrial

Case Brief

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Parties

Appellant

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Summary Rejection Under S. 317, Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction on 22 counts of forgery, stealing by servant, and fraudulent false accounting was proper
  2. 2 Whether the trial was conducted fairly and justice was seen to be done
  3. 3 Whether a retrial should be ordered

Ratio Decidendi

In the peculiar circumstances of the case, and on the principle that justice must be seen to be done, the appeal is allowed, convictions quashed, sentences set aside, and a retrial ordered before a different magistrate.

Court Disposition

appeal allowed, convictions quashed, sentences set aside, retrial ordered

Orders

  • Case to be tried de novo by a court of competent jurisdiction
  • Retrial to be before a different magistrate