19830829 TZHC Mbeya1
- Citation
- 19830829 TZHC Mbeya1
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 29 August 1983
- Posture
- Criminal Appeal / Judgment on Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 29 August 1983
- Posture
- Criminal Appeal / Judgment on Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The absence of the relevant charge sheet makes it impossible to judge the appeal or sustain the conviction; therefore, the proceedings and judgment of the trial court are quashed.
Court disposition
Appeal allowed. Proceedings and judgment of the trial court quashed. All accused to be set free.
Orders
- Proceedings and judgment of the trial court quashed
- All accused convicted thereon to be set free
02
Material facts
Parties
Jonas Mkulo & Others
AppellantThe Republic
Respondent03
Procedural history
Posture
Criminal Appeal / Judgment on Appeal
04
Questions and positions
Legal issues
Whether the conviction can stand in absence of the relevant charge sheet
Party arguments
- Applicant
- The appellants challenged their conviction for shop breaking and stealing, contending procedural irregularities and lack of proper documentation.
- Respondent
- The respondent relied on the conviction and proceedings of the trial court.
05
Court’s reasoning
Legal principles
- 01
General principles of criminal procedure
A conviction cannot be sustained without the relevant charge sheet forming part of the record.
06
Ratio, limits and disposition
Ratio decidendi
The absence of the relevant charge sheet makes it impossible to judge the appeal or sustain the conviction; therefore, the proceedings and judgment of the trial court are quashed.
Court disposition
Appeal allowed. Proceedings and judgment of the trial court quashed. All accused to be set free.
- Proceedings and judgment of the trial court quashed
- All accused convicted thereon to be set free
Source and reliance status
TZHC · 29 August 1983
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 29 August 1983
.N TIE RIGII COURT OF TIE.ZANIA T A]PELLt9l JUISDICTION (Mbeya Registry) CR1AILL jUIRdL NO. 17 OF 1982 O11GIN' CRLL L iO 311 0 19 80 OF TThI DIST1UOT COIJhT OF DISTRIGT AT SIJ1VjBS7NGA BOfdre: S. J. Lawena, Lsq., Resident hagistrate. JNA8TL 1vKUL OTItERS .. AFFELL&NT
VERSUS TIIi IL1JHLI C ..................... .. ......... . CHARGi: Shop Breaking and Stealing C,SS. 296 (1) and 265 of the P.C. JUDGtENT MUNRui. The Appelinnts wore convicted of, shopbreaking and 5tealing. On 2 9/7/80 the couplainantts shop was. broken into arid various shop goods, khnga., cups and other iteris 1\rero stolen. The jeatter was reeorted to ±o1ice and investigations started. Soe 47 pairs of khna nero found burjed some- where in the bush but nobody was conneoted. On 30/1/80 CpL. Jakson (P4 5) got inforration that certain peopie nero selling clothes in Muiengali village. It was said on of the appellants ws seliin than. A.Abrding to the chard'e shoot dated 22/10/80 there was only one accused Godfrey Mabula (not conccm(-;'". nith this appeal) but the record shows that five people were charged and all of them nor, convictei I have been unae to trace the charge sheet containing the appellants.. The registry staff havo tried their best but in vain. I ai: unable to judge the ajpeal without the relevant charge sheet. I quash the proceedings and judt of the tial gcurt. ll aceusedsconcted thereinto be et free. • / 1. At Kbeya, - 29th nugut, 1083 .4F. JUDG.
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