bop so mrisho nunda vs republic 2018 tzca 253 11 september 2018

bop so mrisho nunda vs republic 2018 tzca 253 11 september 2018

The charge sheet was incurably defective for failing to specify the category of rape under which the appellant was charged, contrary to mandatory statutory requirements, and this defect vitiated the conviction and sentence.

Citation
bop so mrisho nunda vs republic 2018 tzca 253 11 september 2018
Parties
Appellant: Bop Sio Mrisho @ Nunda; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 September 2018
Procedural Posture
Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision
Outcome
Appeal allowed
Legal Topics
Defective Charge Sheet, Rape, Procedural Fairness, Criminal Procedure
Source Language
English
Criminal Law Defective Charge Sheet Rape Procedural Fairness Criminal Procedure

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Parties

Bop Sio Mrisho @ Nunda

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision

Legal Issues

  1. 1 Whether the charge sheet was incurably defective for failing to specify the category of rape under which the appellant was charged
  2. 2 Whether the omission to cite the specific subsection and paragraph of the Penal Code was fatal to the prosecution's case
  3. 3 Whether a retrial should be ordered when the prosecution is to blame for the defect

Ratio Decidendi

The charge sheet was incurably defective for failing to specify the category of rape under which the appellant was charged, contrary to mandatory statutory requirements, and this defect vitiated the conviction and sentence.

Court Disposition

Appeal allowed

Orders

  • Conviction quashed
  • Sentence set aside