omary salum omary vs republic 2017 tzca 249 6 july 2017
Failure to cite section 131(3) of the Penal Code in the charge sheet, where the victim is under ten years old, is a fatal omission that vitiates the trial and renders all proceedings a nullity.
Source-derived case information.
- Citation
- omary salum omary vs republic 2017 tzca 249 6 july 2017
- Parties
- Appellant: Omary Salum Omary; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 6 July 2017
- Procedural Posture
- Criminal Appeal / Second Appeal Before Court of Appeal
- Outcome
- appeal allowed
- Legal Topics
- Defective Charge Sheet, Rape, Procedure, Nullity of Proceedings
- Source Language
- english
Criminal Law Defective Charge Sheet Rape Procedure Nullity of Proceedings
Source-derived case record
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Parties
Omary Salum Omary
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal Before Court of Appeal
Legal Issues
- 1 Whether failure to cite section 131(3) of the Penal Code in the charge sheet renders the proceedings a nullity
- 2 Whether a retrial should be ordered after nullification of proceedings
Ratio Decidendi
Failure to cite section 131(3) of the Penal Code in the charge sheet, where the victim is under ten years old, is a fatal omission that vitiates the trial and renders all proceedings a nullity.
Court Disposition
appeal allowed
Orders
- All proceedings before the trial court and High Court are nullified.
- Conviction quashed and sentence set aside.
Full Case Text
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