sadath said manzi vs dpp 2016 tzca 710 29 july 2016

sadath said manzi vs dpp 2016 tzca 710 29 july 2016

The appellant was not fairly tried due to an incurably defective charge sheet that failed to cite the section creating the offence, improper admission of evidence, and variance between the charge and the evidence. The proceedings, conviction, and sentence were nullified.

Citation
sadath said manzi vs dpp 2016 tzca 710 29 july 2016
Parties
Appellant: Sadath Said @ Manzi; Respondent: The D.P.P.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 July 2016
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal allowed
Legal Topics
Defective Charge Sheet, Fair Trial, Rape, Admissibility of Evidence, Variance Between Charge and Evidence, Retrial
Source Language
English
Criminal Law Criminal Procedure Defective Charge Sheet Fair Trial Rape Admissibility of Evidence Variance Between Charge and Evidence Retrial

Case Brief

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Parties

Sadath Said @ Manzi

Appellant

The D.P.P.

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the charge sheet was incurably defective for failure to cite the section creating the offence
  2. 2 Whether the appellant was fairly tried in accordance with the law
  3. 3 Whether the evidence (PF3s) was properly admitted

Ratio Decidendi

The appellant was not fairly tried due to an incurably defective charge sheet that failed to cite the section creating the offence, improper admission of evidence, and variance between the charge and the evidence. The proceedings, conviction, and sentence were nullified.

Court Disposition

appeal allowed

Orders

  • proceedings of the two courts below nullified
  • conviction and sentence set aside