20171206 TZHC Dodoma1

20171206 TZHC Dodoma1

The proceedings, judgment, conviction, and sentence in Criminal Case No. 224 of 2016 are a nullity due to improper re-institution of the case without granting the extension of time sought; the court misdirected itself by granting relief not prayed for.

Citation
20171206 TZHC Dodoma1
Parties
Appellant: Raymond Manda Wile; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 December 2017
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Stealing by Agent, Re Institution of Criminal Proceedings, Defective Charge, Evaluation of Evidence
Source Language
English
Criminal Law Procedure Stealing by Agent Re Institution of Criminal Proceedings Defective Charge Evaluation of Evidence

Case Brief

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Parties

Raymond Manda Wile

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the evidence proved the offence beyond reasonable doubt
  2. 2 Whether the charge sheet contained proper ingredients of the offence
  3. 3 Whether the proceedings were properly re-instituted

Ratio Decidendi

The proceedings, judgment, conviction, and sentence in Criminal Case No. 224 of 2016 are a nullity due to improper re-institution of the case without granting the extension of time sought; the court misdirected itself by granting relief not prayed for.

Court Disposition

appeal allowed

Orders

  • Proceedings and judgment in Criminal Case No. 224 of 2016 quashed and set aside.
  • Conviction quashed and sentence set aside.