19900219 TZHC Dar es Salaam

19900219 TZHC Dar es Salaam

The charge sheet did not disclose any offence as required by law; therefore, the conviction and sentence could not stand and were quashed.

Citation
19900219 TZHC Dar es Salaam
Parties
Appellant: Moses s/o Meyombi; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 February 1990
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Defective Charge Sheet, Obtaining Credit by False Pretences, Conviction and Sentence, Elements of Offence
Source Language
English
Criminal Law Defective Charge Sheet Obtaining Credit by False Pretences Conviction and Sentence Elements of Offence

Case Brief

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Parties

Moses s/o Meyombi

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the charge sheet disclosed an offence under section 385(1) of the Penal Code
  2. 2 Whether particulars of offence were sufficient to support conviction

Ratio Decidendi

The charge sheet did not disclose any offence as required by law; therefore, the conviction and sentence could not stand and were quashed.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside