hussein raphael others vs republic 2013 tzca 346 4 march 2013

hussein raphael others vs republic 2013 tzca 346 4 march 2013

The 1st and 3rd appellants were properly convicted based on overwhelming evidence of arrest at the scene, while the conviction of the 2nd appellant was vitiated by failure to comply with Section 226(2) of the Criminal Procedure Act, denying him the right to be heard.

Citation
hussein raphael others vs republic 2013 tzca 346 4 march 2013
Parties
Appellant: Hussein Raphael; Appellant: Seif Hussein; Appellant: Gideon Barabara; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 March 2013
Procedural Posture
Criminal Appeal / Second Appeal Before Court of Appeal
Outcome
Appeal dismissed for 1st and 3rd appellants; appeal allowed for 2nd appellant to the extent of remitting the case for compliance with Section 226(2) of the Criminal Procedure Act.
Legal Topics
Armed Robbery, Fair Trial, Conviction in Absentia, Right to Be Heard
Source Language
English
Criminal Law Armed Robbery Fair Trial Conviction in Absentia Right to Be Heard

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Parties

Hussein Raphael

Appellant

Seif Hussein

Appellant

Gideon Barabara

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before Court of Appeal

Legal Issues

  1. 1 Whether the appellants were properly identified and arrested at the scene of crime
  2. 2 Whether the conviction of the second appellant in absentia complied with Section 226(2) of the Criminal Procedure Act

Ratio Decidendi

The 1st and 3rd appellants were properly convicted based on overwhelming evidence of arrest at the scene, while the conviction of the 2nd appellant was vitiated by failure to comply with Section 226(2) of the Criminal Procedure Act, denying him the right to be heard.

Court Disposition

Appeal dismissed for 1st and 3rd appellants; appeal allowed for 2nd appellant to the extent of remitting the case for compliance with Section 226(2) of the Criminal Procedure Act.

Orders

  • Appeal of 1st and 3rd appellants dismissed.
  • Proceedings and judgment against 2nd appellant set aside.