19770217 TZHC Tabora

19770217 TZHC Tabora

The trial court's failure to inform the accused of their right to recall witnesses after the substitution of the charge, as required by the second proviso to section 209(1) of the Criminal Procedure Code, was a fatal irregularity that rendered the proceedings and convictions null and void.

Citation
19770217 TZHC Tabora
Parties
Appellant: A.S.P. John Chrysoston Masele; Appellant: No. B 768 D/Sgt. Salum; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 February 1977
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Corrupt Transaction, Charge Substitution, Procedural Irregularity, Right to Recall Witnesses
Source Language
English
Criminal Law Criminal Procedure Corrupt Transaction Charge Substitution Procedural Irregularity Right to Recall Witnesses

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Parties

A.S.P. John Chrysoston Masele

Appellant

No. B 768 D/Sgt. Salum

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the substitution of the charge was proper under section 209(1) of the Criminal Procedure Code
  2. 2 Whether failure to inform the accused of their right to recall witnesses after charge substitution was a fatal irregularity

Ratio Decidendi

The trial court's failure to inform the accused of their right to recall witnesses after the substitution of the charge, as required by the second proviso to section 209(1) of the Criminal Procedure Code, was a fatal irregularity that rendered the proceedings and convictions null and void.

Court Disposition

appeal allowed

Orders

  • Convictions quashed
  • Sentences set aside