19960215 TZHC Arusha

19960215 TZHC Arusha

Section 148(5)(c) of the Criminal Procedure Act, 1985, which made armed robbery a non-bailable offence, is unconstitutional and void because it is overly broad and infringes on the constitutional rights to liberty and presumption of innocence. The offence of armed robbery is therefore bailable, and the lower court...

Source-derived case information.

Citation
19960215 TZHC Arusha
Parties
Appellant: Lorwo Masai; Appellant: Lomoi Masai; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 February 1996
Procedural Posture
Criminal Appeal / High Court Judgment on Appeal From District Court
Outcome
Appeal allowed
Legal Topics
Bail, Armed Robbery, Statutory Interpretation, Constitutionality of Statutes
Source Language
english
Criminal Law Constitutional Law Bail Armed Robbery Statutory Interpretation Constitutionality of Statutes

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Summary, issues, holding and outcome

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Parties

Lorwo Masai

Appellant

Lomoi Masai

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / High Court Judgment on Appeal From District Court

Legal Issues

  1. 1 Whether the offence of armed robbery is bailable under Tanzanian law
  2. 2 Whether section 148(5)(c) of the Criminal Procedure Act, 1985 is unconstitutional for denying bail to persons charged with armed robbery

Ratio Decidendi

Section 148(5)(c) of the Criminal Procedure Act, 1985, which made armed robbery a non-bailable offence, is unconstitutional and void because it is overly broad and infringes on the constitutional rights to liberty and presumption of innocence. The offence of armed robbery is therefore bailable, and the lower court erred in denying bail to the appellants solely on the basis of the substituted charge of armed robbery.

Court Disposition

Appeal allowed

Orders

  • The words 'armed robbery' are struck out from section 148(5)(c) of the Criminal Procedure Act, 1985.
  • The lower court is directed and ordered to consider any application for bail by the accused persons in view of the substituted charge of armed robbery.