19950905 TZHC Songea

19950905 TZHC Songea

The appellant's absence from court was due to his own actions and not excusable; the trial magistrate was correct in invoking Section 227 of the Criminal Procedure Code, 1985, to convict and sentence him in his absence.

Citation
19950905 TZHC Songea
Parties
Appellant: Peter Nyanjaka; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 September 1995
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Cattle Theft, Absconding Accused, Section 227 Criminal Procedure Code, Sentencing in Absence
Source Language
English
Criminal Law Criminal Procedure Cattle Theft Absconding Accused Section 227 Criminal Procedure Code Sentencing in Absence

Case Brief

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Parties

Peter Nyanjaka

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial magistrate was right in invoking Section 227 of the Criminal Procedure Code, 1985, to convict and sentence the appellant in his absence
  2. 2 Whether the appellant's absence from court was justified or excusable

Ratio Decidendi

The appellant's absence from court was due to his own actions and not excusable; the trial magistrate was correct in invoking Section 227 of the Criminal Procedure Code, 1985, to convict and sentence him in his absence.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence of five years' imprisonment upheld