levi samwel another vs republic 2005 tzhc 304 29 july 2005

levi samwel another vs republic 2005 tzhc 304 29 july 2005

The charge was defective for duplicity, and the defect was not curable as the evidence was not clearly recorded and the fact of break-in was not established with certainty, leading to possible prejudice to the accused.

Citation
levi samwel another vs republic 2005 tzhc 304 29 july 2005
Parties
Appellant: Levi s/o Samwel; Appellant: Shimba Gervas; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 July 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Defective Charge, Duplicity, Burglary, Stealing, Doctrine of Recent Possession, Curability of Charge Defects
Source Language
English
Criminal Law Defective Charge Duplicity Burglary Stealing Doctrine of Recent Possession Curability of Charge Defects

Case Brief

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Parties

Levi s/o Samwel

Appellant

Shimba Gervas

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the charge was defective for duplicity
  2. 2 Whether the defect in the charge was curable
  3. 3 Whether the evidence was sufficient to ground conviction

Ratio Decidendi

The charge was defective for duplicity, and the defect was not curable as the evidence was not clearly recorded and the fact of break-in was not established with certainty, leading to possible prejudice to the accused.

Court Disposition

appeal allowed

Orders

  • convictions of all accused quashed
  • all three accused to be released forthwith unless otherwise lawfully held