saidi so issa vs republic 2013 tzhc 2223 14 june 2013
The appellant was convicted and sentenced twice for the same offence, which is prohibited by law. The proceedings were illegal and the conviction and sentences must be quashed and set aside.
- Citation
- saidi so issa vs republic 2013 tzhc 2223 14 june 2013
- Parties
- Appellant: Saidi s/o Issa; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 June 2013
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Double Jeopardy, Illegal Conviction, Criminal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Saidi s/o Issa
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant was convicted and sentenced twice for the same offence in violation of the law
Ratio Decidendi
The appellant was convicted and sentenced twice for the same offence, which is prohibited by law. The proceedings were illegal and the conviction and sentences must be quashed and set aside.
Court Disposition
appeal allowed
Orders
- proceedings before the trial court nullified
- conviction quashed and set aside
Full Case Text
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