bariki isaya urio vs republic 2018 tzca 209 2 october 2018
The charge was incurably defective for failure to cite the proper legal provisions creating the offence and specifying the category of rape, preventing the appellant from understanding the nature of the accusation and preparing a defence; additionally, identification evidence was unreliable due to lack of light at the scene.
- Citation
- bariki isaya urio vs republic 2018 tzca 209 2 october 2018
- Parties
- Appellant: Bariki Isaya Urio; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 2 October 2018
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Defective Charge, Visual Identification, Rape, Sentencing Provisions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bariki Isaya Urio
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the charge was defective for non-citation of proper legal provisions
- 2 Whether the appellant was correctly identified at the scene of crime
- 3 Whether the appellant's cautioned statement was illegally tendered
Ratio Decidendi
The charge was incurably defective for failure to cite the proper legal provisions creating the offence and specifying the category of rape, preventing the appellant from understanding the nature of the accusation and preparing a defence; additionally, identification evidence was unreliable due to lack of light at the scene.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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