lucia maria mboje v republic 2023 tzhc 23783 4 december 2023

lucia maria mboje v republic 2023 tzhc 23783 4 december 2023

The applicant is entitled to bail as the offence of attempted murder is bailable under section 148 of the Criminal Procedure Act, and the respondent has not demonstrated strong grounds to deny bail. Suspicion alone is insufficient to refuse bail, and the constitutional presumption of innocence applies.

Citation
lucia maria mboje v republic 2023 tzhc 23783 4 december 2023
Parties
Applicant: Lucia Maria @ Mboje; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 2023
Procedural Posture
Miscellaneous Criminal Application / Bail Application Pending Trial
Outcome
Bail granted with conditions
Legal Topics
Bail, Attempted Murder, Presumption of Innocence
Source Language
English
Criminal Law Constitutional Law Bail Attempted Murder Presumption of Innocence

Case Brief

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Parties

Lucia Maria @ Mboje

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending trial for the offence of attempted murder
  2. 2 Whether failure by the respondent to file a counter affidavit affects the applicant's right to bail

Ratio Decidendi

The applicant is entitled to bail as the offence of attempted murder is bailable under section 148 of the Criminal Procedure Act, and the respondent has not demonstrated strong grounds to deny bail. Suspicion alone is insufficient to refuse bail, and the constitutional presumption of innocence applies.

Court Disposition

Bail granted with conditions

Orders

  • Applicant to execute a bond of Tshs. 2,000,000/= with two reliable sureties each in the like sum.
  • Sureties to produce introductory letters from their Village leaders, passport-size photos, and photocopies of National Identity cards.