CRIMINAL REVIEW R

CRIMINAL REVIEW R

Only accused persons charged with economic offences are to be included in the computation of bail burden sharing; the 3rd accused, charged with a non-economic offence, must be excluded, and bail conditions recalculated accordingly.

Source-derived case information.

Citation
CRIMINAL REVIEW R
Parties
Applicant: Republic; Respondent: Husna Nouman Katakweba
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 November 2024
Procedural Posture
Misc. Criminal Application (review) / Ruling on Application for Review of Bail Conditions
Outcome
Application for review allowed; bail conditions rectified.
Legal Topics
Bail, Burden Sharing, Economic and Organized Crime Control, Unauthorized Trading of Minerals, Occasioning Loss to Authority
Source Language
english
Criminal Law Economic Crimes Bail Burden Sharing Economic and Organized Crime Control Unauthorized Trading of Minerals Occasioning Loss to Authority

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Parties

Republic

Applicant

Husna Nouman Katakweba

Respondent

Procedural Posture

Misc. Criminal Application (review) / Ruling on Application for Review of Bail Conditions

  1. 1 Whether the 3rd accused, not charged with economic offences, should be included in computation of bail burden sharing
  2. 2 Proper application of burden sharing principle in setting bail conditions for economic offences

Ratio Decidendi

Only accused persons charged with economic offences are to be included in the computation of bail burden sharing; the 3rd accused, charged with a non-economic offence, must be excluded, and bail conditions recalculated accordingly.

Court Disposition

Application for review allowed; bail conditions rectified.

Orders

  • Applicant or her surety to deposit Tshs. 881,086,138/= in cash or title deed certified by a professional valuer
  • Applicant to execute a promissory bond for Tshs. 881,086,138/= with two sureties resident in Shinyanga Region