mustapha kiege vs republic 2017 tzca 333 7 september 2017
The charge sheet was incurably defective for failing to cite section 130(2)(a) of the Penal Code, which prejudiced the appellant and vitiated the trial and appellate proceedings. The proceedings and judgments of both lower courts are a nullity and must be quashed. A retrial is not warranted as the prosecution is to blame for the defect.
- Citation
- mustapha kiege vs republic 2017 tzca 333 7 september 2017
- Parties
- Appellant: Mustapha Kiege; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 7 September 2017
- Procedural Posture
- Criminal Appeal / Second Appeal Before Court of Appeal
- Outcome
- appeal allowed
- Legal Topics
- Defective Charge Sheet, Rape, Fair Trial, Powers of Revision
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mustapha Kiege
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal Before Court of Appeal
Legal Issues
- 1 Whether the charge sheet was incurably defective for failing to cite section 130(2)(a) of the Penal Code
- 2 Whether the defect prejudiced the appellant and vitiated the trial
- 3 Whether a retrial should be ordered
Ratio Decidendi
The charge sheet was incurably defective for failing to cite section 130(2)(a) of the Penal Code, which prejudiced the appellant and vitiated the trial and appellate proceedings. The proceedings and judgments of both lower courts are a nullity and must be quashed. A retrial is not warranted as the prosecution is to blame for the defect.
Court Disposition
appeal allowed
Orders
- proceedings and judgments of trial and first appellate courts quashed
- conviction quashed
Full Case Text
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