20130925 TZCA Tabora
Failure to read and explain the charge to the accused at the commencement of trial before the High Court is a fatal procedural irregularity that renders the proceedings a nullity and is not curable under section 388 of the Criminal Procedure Act.
- Citation
- 20130925 TZCA Tabora
- Parties
- Appellant: Cheko s/o Yahaya; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 25 September 2013
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence After Trial in High Court
- Outcome
- Appeal allowed; conviction and sentence quashed; retrial ordered.
- Legal Topics
- Murder, Fair Trial, Arraignment, Plea Taking, Procedural Irregularity
- Source Language
- English
Case Brief
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Parties
Cheko s/o Yahaya
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence After Trial in High Court
Legal Issues
- 1 Whether failure to read and explain the charge to the accused at commencement of trial constitutes an unfair trial
- 2 Whether such omission is curable under section 388 of the Criminal Procedure Act
Ratio Decidendi
Failure to read and explain the charge to the accused at the commencement of trial before the High Court is a fatal procedural irregularity that renders the proceedings a nullity and is not curable under section 388 of the Criminal Procedure Act.
Court Disposition
Appeal allowed; conviction and sentence quashed; retrial ordered.
Orders
- Proceedings before the High Court quashed
- Sentence set aside
Full Case Text
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