marwa so mahende vs the republic 1997 tzca 95 12 march 1997

marwa so mahende vs the republic 1997 tzca 95 12 march 1997

Failure to bring the appellant before the trial magistrate after conviction and sentence in absentia, as required by section 226(2) of the Criminal Procedure Act, was fatal and denied the appellant his right to be heard, thereby vitiating the proceedings.

Citation
marwa so mahende vs the republic 1997 tzca 95 12 march 1997
Parties
Appellant: Marwa s/o Mahende; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 March 1997
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
Appeal allowed to the extent of setting aside the High Court proceedings and judgment; case remitted to the trial court for compliance with section 226(2) of the Criminal Procedure Act.
Legal Topics
Robbery With Violence, Conviction in Absentia, Right to Be Heard, Section 226 Criminal Procedure Act, Autrefois Acquit
Source Language
English
Criminal Law Criminal Procedure Robbery With Violence Conviction in Absentia Right to Be Heard Section 226 Criminal Procedure Act Autrefois Acquit

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Parties

Marwa s/o Mahende

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the doctrine of autrefois acquit applied to the appellant's circumstances
  2. 2 Whether the procedure under section 226(2) of the Criminal Procedure Act was properly followed when convicting and sentencing the appellant in absentia

Ratio Decidendi

Failure to bring the appellant before the trial magistrate after conviction and sentence in absentia, as required by section 226(2) of the Criminal Procedure Act, was fatal and denied the appellant his right to be heard, thereby vitiating the proceedings.

Court Disposition

Appeal allowed to the extent of setting aside the High Court proceedings and judgment; case remitted to the trial court for compliance with section 226(2) of the Criminal Procedure Act.

Orders

  • Proceedings and judgment of the High Court set aside.
  • Case remitted to the trial court with direction that the appellant be brought before the magistrate to be dealt with under section 226(2) of the Criminal Procedure Act.