20180605 TZCA Iringa
The charge cited non-existent sections and failed to disclose any offence known in law, rendering the proceedings and conviction a nullity; retrial is not appropriate as the foundation of the case is wanting.
Source-derived case information.
- Citation
- 20180605 TZCA Iringa
- Parties
- Appellant: Issa s/o Charles; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 5 June 2018
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal allowed
- Legal Topics
- Defective Charge, Rape, Revisional Powers, Criminal Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Issa s/o Charles
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the charge was incurably defective due to citation of non-existent sections
- 2 Whether proceedings and conviction based on a defective charge are a nullity
- 3 Whether retrial is appropriate when the charge is fundamentally defective
Ratio Decidendi
The charge cited non-existent sections and failed to disclose any offence known in law, rendering the proceedings and conviction a nullity; retrial is not appropriate as the foundation of the case is wanting.
Court Disposition
appeal allowed
Orders
- All proceedings and conviction of the lower courts quashed
- Sentence set aside
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