19810416 TZHC Mbeya

19810416 TZHC Mbeya

Conviction without affording the accused the opportunity to make his defence is a fatal irregularity and renders the conviction unsustainable.

Citation
19810416 TZHC Mbeya
Parties
Appellant: Romidi Mhini; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 April 1981
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Right to Defence, Child Witness, Irregularity in Trial
Source Language
English
Criminal Law Procedure Right to Defence Child Witness Irregularity in Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Romidi Mhini

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether a district court can convict an accused without affording opportunity to make defence
  2. 2 Proper procedure for receiving evidence from a child witness

Ratio Decidendi

Conviction without affording the accused the opportunity to make his defence is a fatal irregularity and renders the conviction unsustainable.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside