deogratius philipo another vs republic 2019 tzca 190 27 may 2019
The charge against the appellants was fatally defective as it cited a non-existent offence, rendering the trial and appellate proceedings nullities; thus, the convictions and sentences must be quashed and the appellants released.
- Citation
- deogratius philipo another vs republic 2019 tzca 190 27 may 2019
- Parties
- Appellant: Deogratius Philipo; Appellant: John Joseph; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 May 2019
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Defective Charge, Armed Robbery, Procedural Nullity
- Source Language
- English
Case Brief
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Parties
Deogratius Philipo
Appellant
John Joseph
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the charge was fatally defective for citing a non-existent offence
- 2 Whether the trial and appellate proceedings were null due to the defective charge
Ratio Decidendi
The charge against the appellants was fatally defective as it cited a non-existent offence, rendering the trial and appellate proceedings nullities; thus, the convictions and sentences must be quashed and the appellants released.
Court Disposition
appeal allowed
Orders
- Proceedings of the trial and appellate courts nullified
- Convictions quashed
Full Case Text
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