19770629 TZHC Mwanza 1

19770629 TZHC Mwanza 1

The variance in dates between the charge and the evidence was a clerical error that did not prejudice the appellant, as he did not dispute the date and did not raise an alibi. The conviction was supported by evidence and the defect was cured under section 346 of the Criminal Procedure Code.

Citation
19770629 TZHC Mwanza 1
Parties
Appellant: Hisani Juma; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 June 1977
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
House Breaking, Stealing, Variance Between Charge and Evidence, Amendment of Charge, Clerical Error
Source Language
English
Criminal Law House Breaking Stealing Variance Between Charge and Evidence Amendment of Charge Clerical Error

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hisani Juma

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the variance in dates between the charge and prosecution evidence prejudiced the appellant
  2. 2 Whether the conviction was supported by evidence

Ratio Decidendi

The variance in dates between the charge and the evidence was a clerical error that did not prejudice the appellant, as he did not dispute the date and did not raise an alibi. The conviction was supported by evidence and the defect was cured under section 346 of the Criminal Procedure Code.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • sentence and compensation order affirmed