20170830 TZHC Dar es Salaam2

20170830 TZHC Dar es Salaam2

The charge sheet was defective for failing to specify the relevant statutory provision and for variance between the charge sheet and evidence regarding the date of offence, rendering the conviction unsafe and proceedings a nullity.

Citation
20170830 TZHC Dar es Salaam2
Parties
Appellant: Ramadhani S/O Lipumula; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 August 2017
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Defective Charge Sheet, Variance Between Charge and Evidence, Fair Trial, Rape of Minor
Source Language
English
Criminal Law Defective Charge Sheet Variance Between Charge and Evidence Fair Trial Rape of Minor

Case Brief

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Parties

Ramadhani S/O Lipumula

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the charge sheet was defective for failing to specify the relevant statutory provision
  2. 2 Whether variance between the charge sheet and evidence regarding the date of offence was fatal
  3. 3 Whether the anomalies in evidence and procedure rendered the conviction unsafe

Ratio Decidendi

The charge sheet was defective for failing to specify the relevant statutory provision and for variance between the charge sheet and evidence regarding the date of offence, rendering the conviction unsafe and proceedings a nullity.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside