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Tanzania Judgment

TZHC

19730316 TZHC Arusha

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Professional case brief

Research organized from the available case record

Source document

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

Appellant

Republic

Respondent Counsel: Mr. De Souza, State Attorney

Amounts and remedies

  • Imprisonment Sentence: 3

03

Procedural history

  1. Posture

    Criminal Appeal / Judgment

04

Questions and positions

Legal issues

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

  1. 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.

Source document

TZHC

Judgment· 16 March 1973

19730316 TZHC Arusha

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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Prevention of Corruption Ordinance

Legislation

Legislation referenced in the available case record.

Criminal Procedure Code, section 206

Legislation

Legislation referenced in the available case record.

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