NA TZHC Dr es Salaam

The trial court's failure to inform the appellant of his right to require the author of PF 3 to be summoned for cross-examination was a fatal procedural omission, rendering the proceedings a nullity.

Citation: NA TZHC Dr es Salaam
Parties: Appellant: Salum Bakari; Respondent: Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 1 January 1985
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Rape, Admissibility of Evidence, Right to Cross Examine, Procedural Fairness
Source Language: English

Criminal Law Rape Admissibility of Evidence Right to Cross Examine Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Salum Bakari

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the trial court erred by admitting PF 3 without informing the accused of his right to require the author to be summoned for cross-examination under Section 240(3) of the Criminal Procedure Act, 1985.

Ratio Decidendi

The trial court's failure to inform the appellant of his right to require the author of PF 3 to be summoned for cross-examination was a fatal procedural omission, rendering the proceedings a nullity.

Court Disposition

appeal allowed

Orders

proceedings, conviction, sentence and orders quashed and set aside
appellant to be immediately released unless held for some other lawful cause