republic vs godfrey athanase majuto others 2019 tzhc 2126 7 january 2019

republic vs godfrey athanase majuto others 2019 tzhc 2126 7 january 2019

Conviction and sentencing of a deceased accused is a fatal irregularity; proceedings and judgment against the deceased are null and void and must be quashed, while convictions against other accused remain valid.

Citation
republic vs godfrey athanase majuto others 2019 tzhc 2126 7 january 2019
Parties
Applicant: The Republic; Respondent: Godfrey Athanase Majuto; Respondent: Naomi Ndililio Nnko; Respondent: Petro Juigen Mwanoni; Respondent: Beatus Joseph Bisesa; Respondent: Chiyando Viuyenjwa Matoke
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 January 2019
Procedural Posture
Criminal Revision / Ruling
Outcome
Conviction and sentence against first accused quashed; proceedings and judgment set aside for deceased accused; convictions against other accused remain valid.
Legal Topics
Revision, Abatement of Proceedings, Conviction of Deceased, Irregularity in Trial
Source Language
English
Criminal Law Criminal Procedure Revision Abatement of Proceedings Conviction of Deceased Irregularity in Trial

Case Brief

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Parties

The Republic

Applicant

Godfrey Athanase Majuto

Respondent

Naomi Ndililio Nnko

Respondent

Petro Juigen Mwanoni

Respondent

Beatus Joseph Bisesa

Respondent

Chiyando Viuyenjwa Matoke

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the District Court erred by convicting and sentencing a deceased accused person
  2. 2 Whether proceedings and judgment against the deceased are null and void
  3. 3 Whether the irregularity is curable or fatal

Ratio Decidendi

Conviction and sentencing of a deceased accused is a fatal irregularity; proceedings and judgment against the deceased are null and void and must be quashed, while convictions against other accused remain valid.

Court Disposition

Conviction and sentence against first accused quashed; proceedings and judgment set aside for deceased accused; convictions against other accused remain valid.

Orders

  • Quashing of conviction and setting aside sentence against first accused (Godfrey Athanase Majuto)
  • Convictions and sentences against remaining accused persons upheld