moshi raphael vs republic 2012 tzca 224 4 july 2012

The prosecution and trial of the appellant were invalid in law because they commenced without the prior consent of the Director of Public Prosecutions as required by section 162 of the Penal Code at the material time. Subsequent or posthumous consent does not cure the illegality. All proceedings, convictions, and sentences are null and void.

Citation: moshi raphael vs republic 2012 tzca 224 4 july 2012
Parties: Appellant: Moshi Raphael; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 4 July 2012
Procedural Posture: Criminal Appeal / Appeal From High Court to Court of Appeal
Outcome: Appeal allowed
Legal Topics: Incest by Male, Requirement of DPP Consent, Jurisdiction of Subordinate Courts, Invalid Prosecution
Source Language: English

Criminal Law Criminal Procedure Incest by Male Requirement of DPP Consent Jurisdiction of Subordinate Courts Invalid Prosecution

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Parties

Moshi Raphael

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court to Court of Appeal

Legal Issues

1 Whether the prosecution and trial of the appellant for incest by male was valid without the prior consent of the Director of Public Prosecutions as required by law at the time

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

All proceedings and judgments of the District Court and High Court are quashed and set aside.
Sentences imposed on the appellant are set aside.