20070323 TZCA Dar es Salaam

20070323 TZCA Dar es Salaam

The High Court erred by not imposing the statutory requirement of a cash bail deposit equal to half the value of the alleged stolen property, as mandated by Section 36(5)(a) of the Economic and Organised Crime Control Act.

Citation
20070323 TZCA Dar es Salaam
Parties
Appellant: The Republic; Respondent: Saada Shita
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 March 2007
Procedural Posture
Criminal Appeal / Appeal Against Bail Order
Outcome
appeal allowed to the extent of correcting the bail condition
Legal Topics
Bail Conditions, Mandatory Cash Deposit, Withdrawal of Charges
Source Language
English
Criminal Law Bail Law Economic Crimes Bail Conditions Mandatory Cash Deposit Withdrawal of Charges

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Parties

The Republic

Appellant

Saada Shita

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Bail Order

Legal Issues

  1. 1 Whether the High Court erred by not imposing the mandatory cash bail deposit under Section 36(5)(a) of the Economic and Organised Crime Control Act when granting bail for an offence involving property valued above Tsh. 10 million

Ratio Decidendi

The High Court erred by not imposing the statutory requirement of a cash bail deposit equal to half the value of the alleged stolen property, as mandated by Section 36(5)(a) of the Economic and Organised Crime Control Act.

Court Disposition

appeal allowed to the extent of correcting the bail condition