19851122 TZCA Dar es Salaam

The omissions in the charge and procedure were curable as no miscarriage of justice occurred, and there was sufficient evidence for conviction under section 241 of the Penal Code.

Citation: 19851122 TZCA Dar es Salaam
Parties: Appellant: Stephen s/o Mtahi; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 22 November 1985
Procedural Posture: Criminal Appeal / Second Appeal
Outcome: appeal dismissed
Legal Topics: Defective Charge, Medical Evidence, Identification, Grievous Harm, Actual Bodily Harm
Source Language: English

Criminal Law Defective Charge Medical Evidence Identification Grievous Harm Actual Bodily Harm

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Parties

Stephen s/o Mtahi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

1 Whether omission of the word 'unlawfully' in the charge under section 225 of the Penal Code is fatal
2 Whether failure to inform the accused of the right to call the medical witness under section 213(3) of the Criminal Procedure Code is fatal
3 Whether there was sufficient identification evidence

Ratio Decidendi

The omissions in the charge and procedure were curable as no miscarriage of justice occurred, and there was sufficient evidence for conviction under section 241 of the Penal Code.

Court Disposition

appeal dismissed