20120806 TZHC Dar es Salaam

20120806 TZHC Dar es Salaam

The trial court erred by committing the appellant to prison without giving him an opportunity to be heard after re-arrest, contrary to section 226 of the Criminal Procedure Act. The proceedings, conviction, and sentence are quashed and a re-trial is ordered.

Citation
20120806 TZHC Dar es Salaam
Parties
Appellant: Jobu Anthony Mcharo; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 August 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Cattle Theft, Conviction in Absentia, Right to Be Heard, Re Trial, Criminal Procedure Act Section 226
Source Language
English
Criminal Law Cattle Theft Conviction in Absentia Right to Be Heard Re Trial Criminal Procedure Act Section 226

Case Brief

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Parties

Jobu Anthony Mcharo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was denied the right to be heard after re-arrest
  2. 2 Whether the trial court erred in committing the appellant to prison without hearing him
  3. 3 Whether the conviction and sentence should be set aside

Ratio Decidendi

The trial court erred by committing the appellant to prison without giving him an opportunity to be heard after re-arrest, contrary to section 226 of the Criminal Procedure Act. The proceedings, conviction, and sentence are quashed and a re-trial is ordered.

Court Disposition

appeal allowed

Orders

  • Entire proceedings of the trial court quashed
  • Conviction and sentence set aside