dpp vs daniel gaspary haule 2007 tzhc 87 6 august 2007

The trial magistrate erred by acquitting the accused on the basis of autrefois acquit without the accused pleading it or providing proof; the order was irregular and must be set aside.

Citation: dpp vs daniel gaspary haule 2007 tzhc 87 6 august 2007
Parties: Appellant: Director of Public Prosecutions; Respondent: Daniel Gaspary Haule
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 6 August 2007
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: Appeal allowed; trial de novo ordered
Legal Topics: Criminal Trespass, Autrefois Acquit, Appeal Procedure
Source Language: English

Criminal Law Criminal Trespass Autrefois Acquit Appeal Procedure

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 3 Party arguments 1

Parties

Director of Public Prosecutions

Appellant

Daniel Gaspary Haule

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the trial court erred in acquitting the accused based on a plea of autrefois acquit without proof

Ratio Decidendi

The trial magistrate erred by acquitting the accused on the basis of autrefois acquit without the accused pleading it or providing proof; the order was irregular and must be set aside.

Court Disposition

Appeal allowed; trial de novo ordered

Orders

Quash the trial court's ruling and set aside the acquittal order
Order a trial de novo before another competent magistrate