shedrack loshoc lota vs republic 2017 tzca 313 15 december 2017
The proceedings and judgments of the District Court and High Court were nullified because the appellant was tried and convicted under a fatally defective charge sheet that omitted essential ingredients of the offence, rendering the entire process a nullity.
- Citation
- shedrack loshoc lota vs republic 2017 tzca 313 15 december 2017
- Parties
- Appellant: Shedrack Loshoc @ Lota; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 15 December 2017
- Procedural Posture
- Criminal Appeal / Second Appeal (court of Appeal)
- Outcome
- appeal allowed
- Legal Topics
- Rape, Defective Charge Sheet, Identification Evidence, Admissibility of Evidence, Standard of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Shedrack Loshoc @ Lota
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Legal Issues
- 1 Whether the charge sheet was fatally defective for omitting essential ingredients of the offence
- 2 Whether the appellant was properly identified as the perpetrator
- 3 Whether the PF3 medical report was properly admitted into evidence
Ratio Decidendi
The proceedings and judgments of the District Court and High Court were nullified because the appellant was tried and convicted under a fatally defective charge sheet that omitted essential ingredients of the offence, rendering the entire process a nullity.
Court Disposition
appeal allowed
Orders
- Proceedings and judgments of the District Court and High Court nullified
- Appellant to be set at liberty unconditionally unless otherwise lawfully held
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