20180220 TZCA Dar es salaam

20180220 TZCA Dar es salaam

The charge was fatally defective for failing to disclose the person threatened, violating section 287A of the Penal Code and section 132 of the Criminal Procedure Act; identification evidence was insufficient; proceedings and conviction are nullified.

Source-derived case information.

Citation
20180220 TZCA Dar es salaam
Parties
Appellant: David Matiku Kitanita; Appellant: Said Mwise Kimwamu; Appellant: Masanda Senso; Appellant: Julius Matama @ Mzee Mzima; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 February 2018
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Armed Robbery, Defective Charge, Identification Evidence, Procedural Irregularity
Source Language
english
Criminal Law Armed Robbery Defective Charge Identification Evidence Procedural Irregularity

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Summary, issues, holding and outcome

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Parties

David Matiku Kitanita

Appellant

Said Mwise Kimwamu

Appellant

Masanda Senso

Appellant

Julius Matama @ Mzee Mzima

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the charge sheet was fatally defective for failing to disclose the person threatened
  2. 2 Whether identification evidence was sufficient to sustain conviction
  3. 3 Whether a retrial should be ordered given procedural defects

Ratio Decidendi

The charge was fatally defective for failing to disclose the person threatened, violating section 287A of the Penal Code and section 132 of the Criminal Procedure Act; identification evidence was insufficient; proceedings and conviction are nullified.

Court Disposition

appeal allowed

Orders

  • quash all proceedings of trial court and High Court
  • quash conviction