20190412 TZCA Dar es Salaam 1
The appellant was charged and convicted under a non-existent provision of the Penal Code, which is an incurable defect that vitiated the trial and resulted in a failure of justice. The trial and first appeal were nullities, and the appellant did not receive a fair trial.
- Citation
- 20190412 TZCA Dar es Salaam 1
- Parties
- Appellant: Faki Said Mtanda; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 12 April 2019
- Procedural Posture
- Criminal Appeal / Second Appeal (court of Appeal)
- Outcome
- appeal allowed
- Legal Topics
- Defective Charge Sheet, Fair Trial, Rape, Criminal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Faki Said Mtanda
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Legal Issues
- 1 Whether the appellant was convicted on the basis of a defective charge sheet citing a non-existent offence
- 2 Whether the defect in the charge sheet prejudiced the appellant and vitiated the trial
Ratio Decidendi
The appellant was charged and convicted under a non-existent provision of the Penal Code, which is an incurable defect that vitiated the trial and resulted in a failure of justice. The trial and first appeal were nullities, and the appellant did not receive a fair trial.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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