republic vs median boastice others 2018 tzhc 102 13 june 2018

republic vs median boastice others 2018 tzhc 102 13 june 2018

Because the current proceedings involve materially different charges, witnesses, and exhibits from the previous withdrawn case, a fresh committal proceeding was necessary under section 246 of the Criminal Procedure Act. The preliminary objection fails as the prosecution could not rely on the previous committal order for the new information.

Citation
republic vs median boastice others 2018 tzhc 102 13 june 2018
Parties
Prosecutor: Republic; 1st Accused: Median Boastice Mwale; 2nd Accused: Don Bosco Ooga Gichana; 3rd Accused: Boniface Thomas Mwimbwa; 4th Accused: Elias Pancras Ndejembi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 June 2018
Procedural Posture
Criminal Session Case / Ruling on Preliminary Objection Before Plea Taking
Outcome
Preliminary objection overruled
Legal Topics
Money Laundering, Committal Proceedings, Nolle Prosequi, Jurisdiction, Abuse of Process
Source Language
English
Criminal Law Criminal Procedure Money Laundering Committal Proceedings Nolle Prosequi Jurisdiction Abuse of Process

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Parties

Republic

Prosecutor

Median Boastice Mwale

1st Accused

Don Bosco Ooga Gichana

2nd Accused

Boniface Thomas Mwimbwa

3rd Accused

Elias Pancras Ndejembi

4th Accused

Procedural Posture

Criminal Session Case / Ruling on Preliminary Objection Before Plea Taking

Legal Issues

  1. 1 Whether a fresh committal proceeding is necessary after withdrawal of a previous case by nolle prosequi when the committal order is still in existence
  2. 2 Whether the current proceedings are maintainable given differences between previous and current charges

Ratio Decidendi

Because the current proceedings involve materially different charges, witnesses, and exhibits from the previous withdrawn case, a fresh committal proceeding was necessary under section 246 of the Criminal Procedure Act. The preliminary objection fails as the prosecution could not rely on the previous committal order for the new information.

Court Disposition

Preliminary objection overruled

Orders

  • Proceedings to continue; plea taking to proceed