fred so nyenzi vs republic 2019 tzca 95 3 may 2019

fred so nyenzi vs republic 2019 tzca 95 3 may 2019

Both counts of the charge sheet were fatally defective for omitting essential ingredients of the offences and misdescribing the applicable sections; such defects are not curable under section 388(1) of the Criminal Procedure Act, and the conviction and sentence must be quashed.

Citation
fred so nyenzi vs republic 2019 tzca 95 3 may 2019
Parties
Appellant: Fred s/o Nyenzi; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 May 2019
Procedural Posture
Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision
Outcome
Appeal allowed; conviction and sentence quashed; appellant to be released unless held for other lawful cause.
Legal Topics
Defective Charge Sheet, Attempted Rape, Indecent Assault, Revisional Jurisdiction, Section 388 Criminal Procedure Act, Section 4(2) Appellate Jurisdiction Act
Source Language
English
Criminal Law Criminal Procedure Defective Charge Sheet Attempted Rape Indecent Assault Revisional Jurisdiction Section 388 Criminal Procedure Act Section 4(2) Appellate Jurisdiction Act

Case Brief

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Parties

Fred s/o Nyenzi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision

Legal Issues

  1. 1 Whether the charge sheet was incurably defective for misdescription and omission of essential ingredients of the offences
  2. 2 Whether the defects could be cured under section 388(1) of the Criminal Procedure Act
  3. 3 Whether the appellant was prejudiced by the defective charge sheet

Ratio Decidendi

Both counts of the charge sheet were fatally defective for omitting essential ingredients of the offences and misdescribing the applicable sections; such defects are not curable under section 388(1) of the Criminal Procedure Act, and the conviction and sentence must be quashed.

Court Disposition

Appeal allowed; conviction and sentence quashed; appellant to be released unless held for other lawful cause.

Orders

  • Conviction quashed
  • Sentence set aside