20180319 TZCA Dar es salaam 1
Failure to read over and explain the substituted charge to the appellants and take their pleas constituted a fundamental breach of criminal procedure, rendering the trial a nullity and vitiating the convictions.
- Citation
- 20180319 TZCA Dar es salaam 1
- Parties
- Appellant: Omary Ally; Appellant: Said Ismail; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 19 March 2018
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Arraignment, Fair Trial, Plea Taking, Substituted Charge, Nullity of Trial
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Omary Ally
Appellant
Said Ismail
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the charge was properly read over and explained to the appellants after substitution
- 2 Whether failure to take pleas on the substituted charge vitiated the trial
- 3 Whether the appellants were accorded a fair trial
Ratio Decidendi
Failure to read over and explain the substituted charge to the appellants and take their pleas constituted a fundamental breach of criminal procedure, rendering the trial a nullity and vitiating the convictions.
Court Disposition
appeal allowed
Orders
- Judgments and proceedings of the courts below nullified
- Sentence quashed and set aside
Full Case Text
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