samwel lazaro vs republic 2019 tzca 220 18 july 2019
The charge sheet cited non-existent provisions of law, prejudicing the appellant and denying him a fair trial; the defect was incurable under section 388 of the CPA, rendering the trial and subsequent proceedings a nullity.
- Citation
- samwel lazaro vs republic 2019 tzca 220 18 july 2019
- Parties
- Appellant: Samwel Lazaro; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 18 July 2019
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal allowed
- Legal Topics
- Defective Charge Sheet, Rape, Fair Trial, Retrial, Nullity of Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2 Amounts and remedies 1
Parties
Samwel Lazaro
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the charge sheet was defective for citing non-existent legal provisions
- 2 Whether the defect in the charge sheet prejudiced the appellant and rendered the trial a nullity
- 3 Whether the defect was curable under section 388 of the Criminal Procedure Act
Ratio Decidendi
The charge sheet cited non-existent provisions of law, prejudicing the appellant and denying him a fair trial; the defect was incurable under section 388 of the CPA, rendering the trial and subsequent proceedings a nullity.
Court Disposition
appeal allowed
Orders
- Entire proceedings and judgments of the trial court and High Court nullified
- Conviction quashed and sentence set aside
Full Case Text
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