20180924 TZHC Mwanza2

20180924 TZHC Mwanza2

The charge sheet was defective due to variance between the statement of offence and particulars, and the District Court lacked jurisdiction to try conspiracy to murder. The conviction was based on cautioned statements for a different offence, rendering the proceedings, judgment, and sentence a nullity.

Citation
20180924 TZHC Mwanza2
Parties
Appellant: Ezekiel Yohana & Another; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 September 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Defective Charge Sheet, Jurisdiction, Conspiracy to Murder, Evidentiary Insufficiency
Source Language
English
Criminal Law Defective Charge Sheet Jurisdiction Conspiracy to Murder Evidentiary Insufficiency

Case Brief

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Parties

Ezekiel Yohana & Another

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the charge sheet was defective due to variance between the statement of offence and particulars
  2. 2 Whether the District Court had jurisdiction to try conspiracy to murder
  3. 3 Whether the conviction could stand based on cautioned statements for a different offence

Ratio Decidendi

The charge sheet was defective due to variance between the statement of offence and particulars, and the District Court lacked jurisdiction to try conspiracy to murder. The conviction was based on cautioned statements for a different offence, rendering the proceedings, judgment, and sentence a nullity.

Court Disposition

appeal allowed

Orders

  • proceedings, judgment, and sentence quashed and set aside
  • appellants to be set at liberty unless held for other lawful cause