19730905 TZHC Mwanza

19730905 TZHC Mwanza

Failure to follow proper procedure for recording a plea of guilty invalidates the conviction.

Citation
19730905 TZHC Mwanza
Parties
Appellant: Liashauri Donald; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 September 1973
Procedural Posture
Criminal Appeal / Judgment
Outcome
conviction quashed
Legal Topics
Procedure for Plea, Conviction Validity, Housebreaking, Stealing
Source Language
English

Case Brief

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Parties

Liashauri Donald

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

  1. 1 Whether the trial magistrate followed proper procedure in recording a plea of guilty
  2. 2 Whether the conviction based on the accused's statement was valid

Ratio Decidendi

Failure to follow proper procedure for recording a plea of guilty invalidates the conviction.

Court Disposition

conviction quashed

Orders

  • sentence set aside
  • record remitted for retrial before another magistrate