20180911 TZCA Dar es Salaam
The charge sheet was fatally defective for failing to specify the category of rape as required by law, rendering the conviction and sentence a nullity.
- Citation
- 20180911 TZCA Dar es Salaam
- Parties
- Appellant: Bop s/o Mrisho @ Nunda; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 11 September 2018
- Procedural Posture
- Criminal Appeal / Appeal From High Court to Court of Appeal
- Outcome
- Appeal allowed
- Legal Topics
- Defective Charge Sheet, Rape, Criminal Procedure, Appeal Process
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Parties
Bop s/o Mrisho @ Nunda
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From High Court to Court of Appeal
Legal Issues
- 1 Whether the charge sheet was incurably defective for failing to specify the category of rape under which the charge was laid
- 2 Whether the omission to cite the specific subsection or paragraph of the Penal Code was fatal to the prosecution's case
Ratio Decidendi
The charge sheet was fatally defective for failing to specify the category of rape as required by law, rendering the conviction and sentence a nullity.
Court Disposition
Appeal allowed
Orders
- Conviction quashed
- Sentence set aside
Full Case Text
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