song lei vs republic 2018 tzca 321 14 december 2018

song lei vs republic 2018 tzca 321 14 december 2018

The Court cannot proceed with the hearing of the consolidated appeal without a properly constituted record of appeal containing all original documentary exhibits, as required by law. The premature disposal of exhibits by the trial court contravened section 353(1) of the Criminal Procedure Act.

Source-derived case information.

Citation
song lei vs republic 2018 tzca 321 14 december 2018
Parties
Appellant: Song Lei; Respondent: The Republic; Appellant: Director of Public Prosecutions; Respondent: Xiao Shaodan; Respondent: Chen Jianlin; Respondent: Hu Liang
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 December 2018
Procedural Posture
Criminal Appeal / Consolidated Appeal Before Court of Appeal, Adjournment Ruling
Outcome
Hearing of the consolidated appeal adjourned; orders issued for return and reconstruction of record.
Legal Topics
Appeal Procedure, Custody and Disposal of Exhibits, Economic Crimes, Wildlife Offences
Source Language
english
Criminal Law Procedure Appeal Procedure Custody and Disposal of Exhibits Economic Crimes Wildlife Offences

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Parties

Song Lei

Appellant

The Republic

Respondent

Director of Public Prosecutions

Appellant

Xiao Shaodan

Respondent

Chen Jianlin

Respondent

Hu Liang

Respondent

Procedural Posture

Criminal Appeal / Consolidated Appeal Before Court of Appeal, Adjournment Ruling

Legal Issues

  1. 1 Whether the appeal can proceed in absence of original documentary exhibits in the record of appeal
  2. 2 Whether the disposal of exhibits before exhaustion of appeals was lawful

Ratio Decidendi

The Court cannot proceed with the hearing of the consolidated appeal without a properly constituted record of appeal containing all original documentary exhibits, as required by law. The premature disposal of exhibits by the trial court contravened section 353(1) of the Criminal Procedure Act.

Court Disposition

Hearing of the consolidated appeal adjourned; orders issued for return and reconstruction of record.

Orders

  • Prosecution to return all original documentary exhibits to the Registrar of the High Court at Mbeya by 30.01.2019.
  • Registrar to reconstruct the record of appeal upon receipt of exhibits and notify the Registrar of the Court of Appeal.