makoye masanya others vs republic 2015 tzca 122 4 december 2015

makoye masanya others vs republic 2015 tzca 122 4 december 2015

The omission of the word 'unlawful' in the particulars of the offence rendered the charge incurably defective, thereby vitiating the trial and appellate proceedings. The defect embarrassed the appellants and denied them a fair trial.

Citation
makoye masanya others vs republic 2015 tzca 122 4 december 2015
Parties
Appellant: Makoye Masanya; Appellant: Ngusa Bukalasa; Appellant: Emmanuel James @ Budolo; Appellant: Michael Magembengekele @ Nyanza; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 December 2015
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
Appeal allowed to the extent indicated; conviction and sentence quashed; retrial ordered.
Legal Topics
Defective Charge Sheet, Territorial Jurisdiction, Unlawful Possession of Government Trophy, Fair Trial, Retrial
Source Language
English
Criminal Law Wildlife Law Procedural Law Defective Charge Sheet Territorial Jurisdiction Unlawful Possession of Government Trophy Fair Trial Retrial

Case Brief

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Parties

Makoye Masanya

Appellant

Ngusa Bukalasa

Appellant

Emmanuel James @ Budolo

Appellant

Michael Magembengekele @ Nyanza

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the trial court had territorial jurisdiction to try the case
  2. 2 Whether the charge sheet was defective for failing to disclose an offence known to law

Ratio Decidendi

The omission of the word 'unlawful' in the particulars of the offence rendered the charge incurably defective, thereby vitiating the trial and appellate proceedings. The defect embarrassed the appellants and denied them a fair trial.

Court Disposition

Appeal allowed to the extent indicated; conviction and sentence quashed; retrial ordered.

Orders

  • Proceedings of the trial court and judgment and conviction of the first appellate court quashed.
  • Sentence set aside.