20171206 TZHC Dodoma 1

The re-institution of criminal proceedings was granted contrary to law, rendering the proceedings, judgment, conviction, and sentence a nullity.

Citation: 20171206 TZHC Dodoma 1
Parties: Appellant: Raymond Mandawile; 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 Sheet, Evaluation of Evidence
Source Language: English

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Raymond Mandawile

Appellant

The Republic

Respondent

Criminal Appeal / Judgment

1 Whether the evidence proved the offence of stealing by agent beyond reasonable doubt
2 Whether the charge sheet contained proper ingredients of the offence
3 Whether the proceedings were properly re-instituted after dismissal

The re-institution of criminal proceedings was granted contrary to law, rendering the proceedings, judgment, conviction, and sentence a nullity.

appeal allowed

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