said hussein vs republic 2017 tzca 315 22 august 2017
The charge was fatally defective for failing to specify the particular subsections and paragraphs of the law, making the plea of guilty equivocal and prejudicial, thus the conviction and sentence cannot stand.
- Citation
- said hussein vs republic 2017 tzca 315 22 august 2017
- Parties
- Appellant: Said Hussein; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 22 August 2017
- Procedural Posture
- Criminal Appeal / Second Appeal (court of Appeal)
- Outcome
- appeal allowed
- Legal Topics
- Defective Charge, Rape, Plea of Guilty, Criminal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Parties
Said Hussein
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Legal Issues
- 1 Whether the charge was defective for failure to cite proper provisions of law
- 2 Whether the plea of guilty was equivocal due to the defective charge
Ratio Decidendi
The charge was fatally defective for failing to specify the particular subsections and paragraphs of the law, making the plea of guilty equivocal and prejudicial, thus the conviction and sentence cannot stand.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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