19930630 TZHC Dar es Salaam
The appeal is misconceived because no appeal lies to this court against a refusal of bail in such circumstances; the only recourse is a fresh application for bail under section 148(5) of the Criminal Procedure Act. Even if treated as a bail application, the court would decline it because armed robbery is a non-bailable offence under the law.
- Citation
- 19930630 TZHC Dar es Salaam
- Parties
- Appellant: Bralson Shoo; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 June 1993
- Procedural Posture
- Criminal Appeal / Appeal Against Denial of Bail
- Outcome
- appeal dismissed
- Legal Topics
- Bail, Armed Robbery, Criminal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bralson Shoo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Denial of Bail
Legal Issues
- 1 Whether the appellant charged with armed robbery under sections 285 and 286 of the Penal Code is eligible for bail under section 148(5) of the Criminal Procedure Act
Ratio Decidendi
The appeal is misconceived because no appeal lies to this court against a refusal of bail in such circumstances; the only recourse is a fresh application for bail under section 148(5) of the Criminal Procedure Act. Even if treated as a bail application, the court would decline it because armed robbery is a non-bailable offence under the law.
Court Disposition
appeal dismissed
Orders
- No appeal lies against refusal of bail in this context; application for bail must be made under section 148(5) of the Criminal Procedure Act.
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