basil pesambili mramba another vs republic 2015 tzhc 2106 2 october 2015
The use of 'interests' instead of 'rights' in the charge sheet did not fatally prejudice the appellants or occasion a miscarriage of justice, as they were able to mount a full defence. The offences of abuse of office and occasioning loss, as charged, resulted in double jeopardy for the 2nd appellant on count 11, and his conviction thereon was quashed. The sentence of three years for abuse of office was unlawful and substituted with two years. The convictions on other counts were upheld as the evidence established the appellants' participation and disregard of procurement and tax exemption pro…
Source excerpt
- Abuse of office
- Occasioning loss to a specified authority
- Defective charge sheet
- Double jeopardy
- Sentencing
- Tax exemption