19700729 TZHC Mwanza2
Substitution of a charge under s.209(1) does not require proceedings de novo, and evidence from prior proceedings is admissible. The conviction was sustained as the evidence established misappropriation of money by the appellant.
- Citation
- 19700729 TZHC Mwanza2
- Parties
- Appellant: Lierisedeki L. Gabriel; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 July 1970
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Stealing, Withdrawal and Substitution of Charges, Criminal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Lierisedeki L. Gabriel
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the substitution of a fresh charge required proceedings de novo
- 2 Whether evidence from the original trial could be used in the substituted charge
- 3 Whether the conviction was sustainable based on available evidence
Ratio Decidendi
Substitution of a charge under s.209(1) does not require proceedings de novo, and evidence from prior proceedings is admissible. The conviction was sustained as the evidence established misappropriation of money by the appellant.
Court Disposition
appeal dismissed
Orders
- appeal dismissed
- sentence affirmed
Full Case Text
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