20111206 TZHC Dodoma
The appellant was not accorded the right to be heard after apprehension as required by law, rendering the conviction and sentence procedurally defective.
- Citation
- 20111206 TZHC Dodoma
- Parties
- Appellant: Venance Kaluli; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 6 December 2011
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Sentencing, Right to Be Heard, Consecutive Sentences, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Venance Kaluli
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial court erred in sentencing the appellant to consecutive sentences without according him the right to be heard after conviction in absentia
Ratio Decidendi
The appellant was not accorded the right to be heard after apprehension as required by law, rendering the conviction and sentence procedurally defective.
Court Disposition
appeal allowed
Orders
- Appellant to be released from prison forthwith unless held on another justifiable cause.
Full Case Text
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