19770802 TZHC Dodoma

The defects in the charge sheet were curable as the particulars clearly described the offence of possession of forged bank notes under section 348 of the Penal Code, and no failure of justice occurred. The evidence supported the convictions, and the sentences were appropriate and confirmed.

Citation: 19770802 TZHC Dodoma
Parties: Appellant: Patrick Malole; Appellant: Mbatyani Boleti; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 2 August 1977
Procedural Posture: Criminal Appeal / Judgment on Consolidated Appeals
Outcome: appeals dismissed; convictions and sentences confirmed
Legal Topics: Defective Charge Sheet, Possession of Forged Currency, Curable Procedural Defects, Sentencing
Source Language: English

Criminal Law Defective Charge Sheet Possession of Forged Currency Curable Procedural Defects Sentencing

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Parties

Patrick Malole

Appellant

Mbatyani Boleti

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Consolidated Appeals

Legal Issues

1 Whether the defective charge sheet citing the wrong section and misnaming the offence invalidates the conviction
2 Whether the evidence supports the conviction for possession of forged bank notes

Ratio Decidendi

Court Disposition

appeals dismissed; convictions and sentences confirmed

Orders

Section 360(1) of the Penal Code in the charge is substituted with section 348 of the Penal Code
Sentences of two years' imprisonment for each appellant are confirmed