moshi raphael vs republic 2012 tzca 224 4 july 2012
The prosecution and trial of the appellant were invalid in law because they commenced without the prior consent of the Director of Public Prosecutions as required by section 162 of the Penal Code at the material time. Subsequent or posthumous consent does not cure the illegality. All proceedings, convictions, and sentences are null and void.
Source excerpt
- Incest by male
- Requirement of dpp consent
- Jurisdiction of subordinate courts
- Invalid prosecution