ismail rajabu vs republic 2014 tzhc 2191 2 may 2014

The charge did not disclose the essential element of 'threatening' as required under section 132(2)(a) of the Penal Code, rendering it incurably defective and vitiating the conviction and sentence.

Citation: ismail rajabu vs republic 2014 tzhc 2191 2 may 2014
Parties: Appellant: Ismail Rajabu; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 2 May 2014
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Defective Charge, Attempted Rape, Fair Trial, Elements of Offence
Source Language: English

Criminal Law Defective Charge Attempted Rape Fair Trial Elements of Offence

Case Brief

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Parties

Ismail Rajabu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the charge was defective for not disclosing essential elements of the offence under section 132(1)(2)(a) of the Penal Code
2 Whether the defect in the charge vitiated the trial and conviction

Ratio Decidendi

The charge did not disclose the essential element of 'threatening' as required under section 132(2)(a) of the Penal Code, rendering it incurably defective and vitiating the conviction and sentence.

Court Disposition

appeal allowed

Orders

conviction quashed
sentence set aside