20180928 TZHC Dodoma
Reconstruction of the record is impossible due to circumstances and lapse of time; appellant has served 18 years in jail, which is a compelling factor; conviction quashed and appellant ordered released.
- Citation
- 20180928 TZHC Dodoma
- Parties
- Appellant: Karoli Mbaha; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 September 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction quashed, appellant released
- Legal Topics
- Rape, Missing Court Record, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Parties
Karoli Mbaha
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Effect of missing court record on appeal
- 2 Appropriate remedy when reconstruction is impossible
- 3 Consideration of time served in prison
Ratio Decidendi
Reconstruction of the record is impossible due to circumstances and lapse of time; appellant has served 18 years in jail, which is a compelling factor; conviction quashed and appellant ordered released.
Court Disposition
conviction quashed, appellant released
Orders
- Conviction quashed
- Sentence set aside
Full Case Text
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