gerard mhami vs amin abdallah 2017 tzhc 2060 18 august 2017

Conviction and sentence based on a non-existing law renders the charge defective, affects the court's competency, and occasions failure of justice; thus, the conviction and sentence must be quashed.

Citation: gerard mhami vs amin abdallah 2017 tzhc 2060 18 august 2017
Parties: Appellant: Gerard Mhami; Respondent: Amin Abdallah
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 18 August 2017
Procedural Posture: Criminal Appeal / Second Appeal Before High Court
Outcome: appeal allowed
Legal Topics: Defective Charge, Subsidiary Legislation, Jurisdiction, Failure of Justice
Source Language: English

Criminal Law Local Government Law Defective Charge Subsidiary Legislation Jurisdiction Failure of Justice

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Gerard Mhami

Appellant

Amin Abdallah

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before High Court

Legal Issues

1 Whether conviction under a non-existing law is valid
2 Whether failure to cite the proper law in the charge sheet is a mere technical defect
3 Whether the error in the charge sheet occasioned failure of justice

Ratio Decidendi

Conviction and sentence based on a non-existing law renders the charge defective, affects the court's competency, and occasions failure of justice; thus, the conviction and sentence must be quashed.

Court Disposition

appeal allowed

Orders

Conviction and sentence quashed and set aside
Appellant set free unless lawfully detained for any other cause