diaka brama kaba another vs republic 2020 tzca 1928 28 december 2020

diaka brama kaba another vs republic 2020 tzca 1928 28 december 2020

The failure to amend or substitute the charge after the discharge of three co-accused by nolle prosequi, and to read over the amended charge to the remaining accused for a fresh plea, was a fatal irregularity that rendered the trial a nullity and occasioned a miscarriage of justice. This defect is not curable under section 388 of the CPA.

Citation
diaka brama kaba another vs republic 2020 tzca 1928 28 december 2020
Parties
Appellant: Diaka Brama Kaba; Appellant: Ndjane Abubakari; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 December 2020
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed; conviction quashed; sentence set aside; retrial ordered.
Legal Topics
Defective Charge, Amendment of Charge, Nolle Prosequi, Fair Trial, Joinder of Accused, Duplicity in Charge, Retrial
Source Language
English
Criminal Law Criminal Procedure Defective Charge Amendment of Charge Nolle Prosequi Fair Trial Joinder of Accused Duplicity in Charge +1 more

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Parties

Diaka Brama Kaba

Appellant

Ndjane Abubakari

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the charge was fatally defective for failure to amend after discharge of co-accused under nolle prosequi
  2. 2 Whether the charge was duplex for improper joinder of accused
  3. 3 Whether failure to amend and read over the charge after discharge of co-accused vitiated the trial

Ratio Decidendi

The failure to amend or substitute the charge after the discharge of three co-accused by nolle prosequi, and to read over the amended charge to the remaining accused for a fresh plea, was a fatal irregularity that rendered the trial a nullity and occasioned a miscarriage of justice. This defect is not curable under section 388 of the CPA.

Court Disposition

Appeal allowed; conviction quashed; sentence set aside; retrial ordered.

Orders

  • Proceedings and judgment of the trial court nullified.
  • Conviction quashed and sentences set aside.