20061004 TZCA Arusha5

20061004 TZCA Arusha5

Non-compliance with section 214(2)(a) of the Criminal Procedure Act, 1985, by failing to inform the accused of the right to recall witnesses, is a fatal and incurable irregularity that materially prejudices the accused, rendering the proceedings and subsequent judgments a nullity.

Citation
20061004 TZCA Arusha5
Parties
Appellant: Kusamia Onesmo; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 October 2006
Procedural Posture
Criminal Appeal / Appeal From High Court Conviction and Sentence, Court of Appeal Judgment
Outcome
Proceedings and judgments nullified; retrial ordered
Legal Topics
Armed Robbery, Procedural Irregularity, Section 214 Criminal Procedure Act, Right to Recall Witnesses, Fair Trial
Source Language
English
Criminal Law Criminal Procedure Armed Robbery Procedural Irregularity Section 214 Criminal Procedure Act Right to Recall Witnesses Fair Trial

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Parties

Kusamia Onesmo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Conviction and Sentence, Court of Appeal Judgment

Legal Issues

  1. 1 Whether failure to comply with section 214(1) and (2)(a) of the Criminal Procedure Act vitiated the trial and subsequent proceedings
  2. 2 Whether the appellant was materially prejudiced by not being informed of the right to recall witnesses

Ratio Decidendi

Non-compliance with section 214(2)(a) of the Criminal Procedure Act, 1985, by failing to inform the accused of the right to recall witnesses, is a fatal and incurable irregularity that materially prejudices the accused, rendering the proceedings and subsequent judgments a nullity.

Court Disposition

Proceedings and judgments nullified; retrial ordered

Orders

  • Proceedings in the trial district court from 10th December 2001 onwards and the judgment therefrom are nullified and set aside.
  • Proceedings and judgment of the High Court are nullified, quashed, and set aside.