bariki isaya urio vs republic 2018 tzca 409 3 october 2018
The charge was incurably defective for failure to cite the correct provisions creating the offence and sentence, causing injustice to the appellant. Additionally, the conditions for identification were not conducive, and the appellant was not properly identified at the scene. The conviction could not stand.
- Citation
- bariki isaya urio vs republic 2018 tzca 409 3 october 2018
- Parties
- Appellant: Bariki Isaya Urio; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 3 October 2018
- Procedural Posture
- Criminal Appeal / Second Appeal Before Court of Appeal
- Outcome
- Appeal allowed
- Legal Topics
- Defective Charge, Identification Evidence, Rape, Sentencing Provisions, Burden of Proof
- 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 Before Court of Appeal
Legal Issues
- 1 Whether the charge was incurably defective for failure to cite the correct provisions creating the offence and sentence
- 2 Whether the appellant was properly identified at the scene of crime
- 3 Whether the conviction was based on credible and corroborated evidence
Ratio Decidendi
The charge was incurably defective for failure to cite the correct provisions creating the offence and sentence, causing injustice to the appellant. Additionally, the conditions for identification were not conducive, and the appellant was not properly identified at the scene. The conviction could not stand.
Court Disposition
Appeal allowed
Orders
- Conviction quashed
- Sentence set aside
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