republic vs elifaison so mmary another 2006 tzhc 213 29 june 2006

Upon the Director of Public Prosecutions entering a Nolle Prosequi under Section 91(1) of the Criminal Procedure Act, 1985, the court is required to discharge the accused in respect of the charges withdrawn, but such discharge does not bar subsequent proceedings on the same facts.

Citation: republic vs elifaison so mmary another 2006 tzhc 213 29 june 2006
Parties: Prosecution: Republic; 1st Accused: Elifaison s/o Mmary; 2nd Accused: Goodluck Kanea
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 June 2006
Procedural Posture: Criminal Session Case / Application for Withdrawal of Charges (nolle Prosequi) Before Trial
Outcome: Accused discharged; charges withdrawn by Nolle Prosequi.
Legal Topics: Murder, Nolle Prosequi, Withdrawal of Charges
Source Language: English

Criminal Law Murder Nolle Prosequi Withdrawal of Charges

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Parties

Republic

Prosecution

Elifaison s/o Mmary

1st Accused

Goodluck Kanea

2nd Accused

Procedural Posture

Criminal Session Case / Application for Withdrawal of Charges (nolle Prosequi) Before Trial

Legal Issues

1 Whether the prosecution should be permitted to withdraw the information of murder against the accused under Section 91(1) of the Criminal Procedure Act, 1985

Ratio Decidendi

Court Disposition

Accused discharged; charges withdrawn by Nolle Prosequi.

Orders

1st and 2nd accused persons discharged in respect of the information of murder c/s 196 of the Penal Code.
1st and 2nd accused persons to be released from custody forthwith.