19900202 TZHC Mtwara

19900202 TZHC Mtwara

Where the charge alleges a threat of violence or possession of a firearm, bail must not be granted, regardless of whether particulars of violence are specified; the court's duty is to apply the law as enacted.

Citation
19900202 TZHC Mtwara
Parties
Appellant: Director of Public Prosecutions; Respondent: E. Mushi; Respondent: Ndepetemani Liengo; Respondent: 40220 CPL. Babubili Irandu; Respondent: S. S. Zabetani Selemani; Respondent: Saidi Uvamo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 February 1990
Procedural Posture
Criminal Appeal / Appeal Against Order Granting Bail
Outcome
appeal allowed
Legal Topics
Bail, Robbery With Violence, Firearms Offences
Source Language
English
Criminal Law Criminal Procedure Bail Robbery With Violence Firearms Offences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Director of Public Prosecutions

Appellant

E. Mushi

Respondent

Ndepetemani Liengo

Respondent

40220 CPL. Babubili Irandu

Respondent

S. S. Zabetani Selemani

Respondent

Saidi Uvamo

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Order Granting Bail

Legal Issues

  1. 1 Whether the district court erred in granting bail to respondents charged with robbery with violence involving alleged use of a firearm

Ratio Decidendi

Where the charge alleges a threat of violence or possession of a firearm, bail must not be granted, regardless of whether particulars of violence are specified; the court's duty is to apply the law as enacted.

Court Disposition

appeal allowed

Orders

  • Order of district court granting bail set aside
  • Bail cancelled