james burchard rugemalira vs republic 2019 tzca 188 27 june 2019
Money laundering is a non-bailable offence under Section 148(5)(a)(iv) of the Criminal Procedure Act, and the High Court was correct in declining to strike out the charges or grant bail, as the application to strike out was not properly before it and the charges were not drawn under Cap 200. The Court of Appeal cannot determine issues not decided by the High Court.
- Citation
- james burchard rugemalira vs republic 2019 tzca 188 27 june 2019
- Parties
- Appellant: James Burchard Rugemalira; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 June 2019
- Procedural Posture
- Criminal Appeal / Appeal From High Court Ruling Denying Bail
- Outcome
- appeal dismissed
- Legal Topics
- Bail, Money Laundering, Statutory Interpretation, Jurisdiction, Pleadings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
James Burchard Rugemalira
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From High Court Ruling Denying Bail
Legal Issues
- 1 Whether the offence of money laundering is bailable under Tanzanian law
- 2 Whether the High Court erred in declining to strike out the money laundering charges for alleged defects
Ratio Decidendi
Money laundering is a non-bailable offence under Section 148(5)(a)(iv) of the Criminal Procedure Act, and the High Court was correct in declining to strike out the charges or grant bail, as the application to strike out was not properly before it and the charges were not drawn under Cap 200. The Court of Appeal cannot determine issues not decided by the High Court.
Court Disposition
appeal dismissed
Full Case Text
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