obadia daniel another vs republic 2018 tzca 305 11 december 2018
The charge was fatally defective for failing to cite the section creating the offence and the punishment provision, denying the appellants a fair trial.
- Citation
- obadia daniel another vs republic 2018 tzca 305 11 december 2018
- Parties
- Appellant: Obadia Daniel; Appellant: Jubilate Mushi; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 11 December 2018
- Procedural Posture
- Criminal Appeal / Court of Appeal Judgment
- Outcome
- appeal allowed
- Legal Topics
- Defective Charge, Fair Trial, Gang Rape, Rape, Criminal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Parties
Obadia Daniel
Appellant
Jubilate Mushi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the charge against the appellants was fatally defective
- 2 Whether the appellants received a fair trial
Ratio Decidendi
The charge was fatally defective for failing to cite the section creating the offence and the punishment provision, denying the appellants a fair trial.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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