joseph john makune vs republic 1987 tzca 60 4 july 1987

joseph john makune vs republic 1987 tzca 60 4 july 1987

The conviction was unsafe due to misdirection on the burden of proof, failure to properly consider the defence, lack of evidence as to the state of the account at the material time, and procedural irregularity in sentencing. The prosecution did not prove its case beyond reasonable doubt.

Citation
joseph john makune vs republic 1987 tzca 60 4 july 1987
Parties
Appellant: Joseph John Makune; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 July 1987
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
appeal allowed; conviction quashed; sentence set aside
Legal Topics
Burden of Proof, Retrospective Application of Law, Judicial Misdirection, Majority Decision in Criminal Court, Banking Negligence
Source Language
English
Criminal Law Economic Crime Burden of Proof Retrospective Application of Law Judicial Misdirection Majority Decision in Criminal Court Banking Negligence

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Parties

Joseph John Makune

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the charge under the Economic and Organised Crime Control Act was valid given the timing of the alleged offence
  2. 2 Whether the prosecution proved its case beyond reasonable doubt
  3. 3 Whether the trial court misdirected itself on the burden of proof and consideration of the defence

Ratio Decidendi

The conviction was unsafe due to misdirection on the burden of proof, failure to properly consider the defence, lack of evidence as to the state of the account at the material time, and procedural irregularity in sentencing. The prosecution did not prove its case beyond reasonable doubt.

Court Disposition

appeal allowed; conviction quashed; sentence set aside

Orders

  • immediate release of the appellant unless otherwise lawfully held