19781115 TZHC Arusha

19781115 TZHC Arusha

Conviction was unlawful because it was based on items not listed in the charge-sheet and improperly shifted the burden of proof to the accused.

Citation
19781115 TZHC Arusha
Parties
Appellant: Severini s/o Duasa; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 November 1978
Procedural Posture
Criminal Appeal / Judgment After Hearing
Outcome
appeal allowed, conviction quashed, appellant released
Legal Topics
Doctrine of Recent Possession, Burden of Proof, Conviction Based on Evidence Not in Charge Sheet
Source Language
English
Criminal Law Doctrine of Recent Possession Burden of Proof Conviction Based on Evidence Not in Charge Sheet

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Parties

Severini s/o Duasa

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether conviction based on items not listed in the charge-sheet is lawful
  2. 2 Whether the burden of proof was improperly shifted to the accused

Ratio Decidendi

Conviction was unlawful because it was based on items not listed in the charge-sheet and improperly shifted the burden of proof to the accused.

Court Disposition

appeal allowed, conviction quashed, appellant released

Orders

  • Immediate release of appellant