19730316 TZHC Arusha
- Citation
- 19730316 TZHC Arusha
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 16 March 1973
- Posture
- Criminal Appeal / Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 16 March 1973
- Posture
- Criminal Appeal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Failure to comply with section 206 of the Criminal Procedure Code is a procedural irregularity that invalidates the conviction and sentence.
Court disposition
appeal allowed
Orders
- conviction and sentence set aside
- new trial ordered before another magistrate
02
Material facts
Parties
Nassoro s/o Mohamed
AppellantRepublic
Respondent Counsel: Mr. De Souza, State AttorneyAmounts and remedies
- Imprisonment Sentence: 3
03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the appellant's right to give evidence and call witnesses under section 206 of the Criminal Procedure Code was observed
- 02
Whether failure to follow mandatory procedure invalidates conviction
Party arguments
- Applicant
- Appellant was not informed of his right to give evidence and call witnesses, violating mandatory procedure.
- Respondent
- Republic did not support the conviction due to procedural irregularity.
05
Court’s reasoning
Legal principles
- 01
Section 206, Criminal Procedure Code
Accused must be informed of right to give evidence and call witnesses after prosecution closes its case.
06
Ratio, limits and disposition
Ratio decidendi
Failure to comply with section 206 of the Criminal Procedure Code is a procedural irregularity that invalidates the conviction and sentence.
Obiter and limits
- Injustice can easily occur if accused is not given opportunity to put his defence.
Court disposition
appeal allowed
- conviction and sentence set aside
- new trial ordered before another magistrate
Source and reliance status
TZHC · 16 March 1973
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 16 March 1973
IN THE HIGH CDURT OP TANZANIA
AT ARUSHA
APPELLATE JURISDICTION HIGH COURT CRIMINAL APPJAL NO. 382/72 ORIGINAL CRIMINAL CASE 'NO. 841/72 of the District Court of Kilimanjaro District at Moshi Before W. Nathan, Esq.., District Magistrate. NASSORO s/o MOHAMED • ............'........... APPELLANT 77 .CJJ-Li.)L) LJ
RESPONDENT CHARGE: Corrupt ::-snsactioc with agent c/es 3(2) and 3 of the Prevention of Corruption Ordinance.
JUDGMENT -' I Bramble, J. In this case the appellant was convicted of the offence of Corrupt Transaction with Agent and sentenced to 3 years imprisonment. The record sflows that at the end of the cese for the prosecution the trial magistrate proceeded to Celiver judgment. It does not show that the provisions of section 206 of the Criminal Procedure Code were followed; the appellant was not informd of his right to give evidence and call witnesses. This is mandatory and if it is not done injustice can easily occur in that an accused will not have had an opportunity of putting his defence. For this reason the Republic did not support the cnviction. I allow the appeal, set aside the conviction and sentence and order a new trial before another magistrate as, on the face of the evidence led by the prosecution, a good case was made up. Delivered, in Court at Arusha the 16th day of March, 1973. /'cwrn (C. E. BR)J.:LE)
JUDGE Mr. De Souza, State Attorney for the Republic Ape1lan't, absent:, not reprsented.
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