mariko jiendele vs republic 2022 tzca 463 22 july 2022

mariko jiendele vs republic 2022 tzca 463 22 july 2022

Failure to provide an interpreter at all material times for an accused who does not understand the language of the court is a fundamental breach of the right to a fair trial, rendering the proceedings and resultant judgments null and void.

Citation
mariko jiendele vs republic 2022 tzca 463 22 july 2022
Parties
Appellant: Mariko Jidendele; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 July 2022
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment to Court of Appeal
Outcome
proceedings nullified, conviction quashed, sentence set aside, retrial ordered
Legal Topics
Right to Fair Trial, Interpretation in Criminal Proceedings, Procedural Irregularity, Nullification of Proceedings, Retrial
Source Language
English
Criminal Law Criminal Procedure Right to Fair Trial Interpretation in Criminal Proceedings Procedural Irregularity Nullification of Proceedings Retrial

Case Brief

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Parties

Mariko Jidendele

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment to Court of Appeal

Legal Issues

  1. 1 Whether failure to provide an interpreter throughout the proceedings for an accused who does not understand the language of the court vitiates the trial and appellate proceedings.

Ratio Decidendi

Failure to provide an interpreter at all material times for an accused who does not understand the language of the court is a fundamental breach of the right to a fair trial, rendering the proceedings and resultant judgments null and void.

Court Disposition

proceedings nullified, conviction quashed, sentence set aside, retrial ordered

Orders

  • Proceedings of the trial court from page 18 of the record of appeal and all High Court proceedings and judgments are nullified.
  • Conviction quashed and sentence set aside.