19890831 TZHC Dar es Salaam

19890831 TZHC Dar es Salaam

The accused, charged with robbery with violence involving serious assault, falls within the prohibition of section 148(5)(e) of the Criminal Procedure Act, making the District Court's order granting bail unlawful and subject to revocation.

Citation
19890831 TZHC Dar es Salaam
Parties
Prosecutor: The Republic; Accused: Tryphone Hezdori
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 1989
Procedural Posture
Criminal Revision / Ruling on Revision of Bail Order
Outcome
Order granting bail revoked; accused to remain in custody pending trial.
Legal Topics
Bail, Robbery With Violence, Jurisdiction of Magistrates, Interpretation of Statutes
Source Language
English
Criminal Law Criminal Procedure Bail Robbery With Violence Jurisdiction of Magistrates Interpretation of Statutes

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Parties

The Republic

Prosecutor

Tryphone Hezdori

Accused

Procedural Posture

Criminal Revision / Ruling on Revision of Bail Order

Legal Issues

  1. 1 Whether the accused charged with robbery with violence is eligible for bail under section 148(5)(e) of the Criminal Procedure Act, 1984
  2. 2 Whether the District Court's order granting bail was lawful

Ratio Decidendi

The accused, charged with robbery with violence involving serious assault, falls within the prohibition of section 148(5)(e) of the Criminal Procedure Act, making the District Court's order granting bail unlawful and subject to revocation.

Court Disposition

Order granting bail revoked; accused to remain in custody pending trial.

Orders

  • The District Court's order granting bail is revoked.
  • The accused shall remain in remand custody until determination of the charge.