19930204 TZHC Arusha

19930204 TZHC Arusha

The existence of unresolved and substantial legal issues on the interpretation of the relevant statutes, the alleged defects in the charge sheet, and the lack of clarity regarding the applicant's liability and the quantum of debt constitute reasonable cause under section 368(1) of the Criminal Procedure Act, 1985 to grant bail pending appeal.

Citation
19930204 TZHC Arusha
Parties
Applicant/accused: Hans Ulrich Leuttich; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 February 1993
Procedural Posture
Miscellaneous Criminal Application / Bail Pending Appeal
Outcome
Application granted
Legal Topics
Bail Pending Appeal, Exchange Control Offences, Interpretation of Penal Statutes, Defective Charge Sheets
Source Language
English
Criminal Law Economic Crimes Bail Pending Appeal Exchange Control Offences Interpretation of Penal Statutes Defective Charge Sheets

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Parties

Hans Ulrich Leuttich

Applicant/accused

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Bail Pending Appeal

Legal Issues

  1. 1 Whether reasonable cause exists to grant bail pending appeal under section 368(1) of the Criminal Procedure Act, 1985
  2. 2 Whether section 24 of the Exchange Control Ordinance, Cap. 294 creates an offence or is merely prohibitory
  3. 3 Whether the charge sheet was defective for lack of specificity and use of non-statutory terms

Ratio Decidendi

The existence of unresolved and substantial legal issues on the interpretation of the relevant statutes, the alleged defects in the charge sheet, and the lack of clarity regarding the applicant's liability and the quantum of debt constitute reasonable cause under section 368(1) of the Criminal Procedure Act, 1985 to grant bail pending appeal.

Court Disposition

Application granted

Orders

  • Applicant to be released on cash bail of 3 million Tanzanian shillings to be deposited with the court.
  • Applicant to secure two sureties, Tanzanian citizens resident in Arusha with landed property in Arusha, each to sign a bond worth 10 million Tanzanian shillings.