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
Source-derived case record
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the 3rd accused, not charged with economic offences, should be included in computation of bail burden sharing
- 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
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