19741113 TZCA Dar es Salaam3

The appellant could not lawfully be tried or convicted again on counts for which he had already been acquitted, as this would violate Section 139 of the Criminal Procedure Code.

Citation: 19741113 TZCA Dar es Salaam3
Parties: Appellant: Godwin Kimaro; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 13 November 1974
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Double Jeopardy, Acquittal, Corrupt Transactions, Criminal Procedure Code
Source Language: English

Criminal Law Criminal Procedure Double Jeopardy Acquittal Corrupt Transactions Criminal Procedure Code

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Parties

Godwin Kimaro

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the appellant could be tried and convicted again on counts for which he had already been acquitted
2 Whether the subsequent conviction on previously acquitted counts was lawful

Ratio Decidendi

The appellant could not lawfully be tried or convicted again on counts for which he had already been acquitted, as this would violate Section 139 of the Criminal Procedure Code.

Court Disposition

appeal allowed

Orders

Convictions and sentences on counts 1 and 2 quashed
Appellant to be set free unless held for some other lawful order