kamugisha faustine nelson another vs republic 2019 tzca 112 13 may 2019

kamugisha faustine nelson another vs republic 2019 tzca 112 13 may 2019

The trial and conviction of the appellants were a nullity because the 2nd appellant was tried after the charge against him was withdrawn and no substituted charge was read over to the appellants for plea taking, violating mandatory procedural requirements.

Source-derived case information.

Citation
kamugisha faustine nelson another vs republic 2019 tzca 112 13 may 2019
Parties
Appellant: Kamugisha Faustin @ Nelson; Appellant: Denis Julius; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 May 2019
Procedural Posture
Criminal Appeal / Second Appeal Before Court of Appeal
Outcome
appeal allowed
Legal Topics
Armed Robbery, Withdrawal of Charges, Nullity of Proceedings, Plea Taking, Substitution of Charges
Source Language
english
Criminal Law Criminal Procedure Armed Robbery Withdrawal of Charges Nullity of Proceedings Plea Taking Substitution of Charges

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Summary, issues, holding and outcome

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Parties

Kamugisha Faustin @ Nelson

Appellant

Denis Julius

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before Court of Appeal

Legal Issues

  1. 1 Whether the 2nd appellant was properly tried after the charge against him was withdrawn
  2. 2 Whether a substituted charge was read over to the appellants after withdrawal of charges
  3. 3 Whether the trial and conviction of the appellants was a nullity due to procedural irregularities

Ratio Decidendi

The trial and conviction of the appellants were a nullity because the 2nd appellant was tried after the charge against him was withdrawn and no substituted charge was read over to the appellants for plea taking, violating mandatory procedural requirements.

Court Disposition

appeal allowed

Orders

  • Proceedings and judgments of the District Court and High Court nullified
  • Convictions quashed and sentences set aside