20101008 TZCA Mwanza

20101008 TZCA Mwanza

The preliminary hearing was invalid as the memorandum of matters not in dispute was not read and explained to the accused as required by section 192(3) of the Criminal Procedure Act, and the extra judicial statement was improperly admitted as an exhibit; therefore, the entire preliminary hearing must be quashed and...

Source-derived case information.

Citation
20101008 TZCA Mwanza
Parties
Applicant: Shadrack S/O Ng'hongela; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 October 2010
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Preliminary Hearing Proceedings
Outcome
Preliminary hearing quashed; orders set aside; fresh preliminary hearing ordered.
Legal Topics
Preliminary Hearing, Admissibility of Evidence, Revisional Jurisdiction, Compliance With Statutory Procedure
Source Language
english
Criminal Law Criminal Procedure Preliminary Hearing Admissibility of Evidence Revisional Jurisdiction Compliance With Statutory Procedure

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Summary, issues, holding and outcome

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Parties

Shadrack S/O Ng'hongela

Applicant

The Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Revision of Preliminary Hearing Proceedings

Legal Issues

  1. 1 Whether the preliminary hearing was properly conducted in accordance with section 192 of the Criminal Procedure Act
  2. 2 Whether the extra judicial statement (exhibit P2) was properly admitted as evidence
  3. 3 Whether failure to read and explain the memorandum of matters not in dispute to the accused invalidates the preliminary hearing

Ratio Decidendi

The preliminary hearing was invalid as the memorandum of matters not in dispute was not read and explained to the accused as required by section 192(3) of the Criminal Procedure Act, and the extra judicial statement was improperly admitted as an exhibit; therefore, the entire preliminary hearing must be quashed and a fresh one conducted.

Court Disposition

Preliminary hearing quashed; orders set aside; fresh preliminary hearing ordered.

Orders

  • Entire preliminary hearing quashed
  • Orders made thereto set aside