20160119 TZHC Arusha
The application for bail is not attainable because money laundering is classified as a non-bailable offence under section 148(5)(a)(v) of the Criminal Procedure Act, and the constitutionality of this provision has been upheld by the Constitutional Court, which is binding on this court.
- Citation
- 20160119 TZHC Arusha
- Parties
- Applicant: Lilian Mg Eye; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 January 2016
- Procedural Posture
- Misc. Criminal Application / Ruling on Bail Application and Preliminary Objection
- Outcome
- Application dismissed
- Legal Topics
- Bail, Money Laundering, Constitutionality of Statutes
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lilian Mg Eye
Applicant
The Republic
Respondent
Procedural Posture
Misc. Criminal Application / Ruling on Bail Application and Preliminary Objection
Legal Issues
- 1 Whether the applicant is entitled to bail for the offence of money laundering under Tanzanian law
- 2 Whether section 148(5)(a)(v) of the Criminal Procedure Act, which prohibits bail for money laundering, is constitutional
Ratio Decidendi
The application for bail is not attainable because money laundering is classified as a non-bailable offence under section 148(5)(a)(v) of the Criminal Procedure Act, and the constitutionality of this provision has been upheld by the Constitutional Court, which is binding on this court.
Court Disposition
Application dismissed
Orders
- Application for bail is dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment