20111206 TZHC Dodoma

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

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Parties

Venance Kaluli

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

  1. 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.