ELIA KACHWERE
The High Court allowed a criminal appeal after finding the guilty plea was improperly taken because the trial court did not explain each ingredient of the offence.
- Rape
- Plea procedure
- Conviction
- Sentence
- Trial de novo
- Criminal-appeal
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charles
The conviction was quashed because it was based on inadmissible hearsay and uncorroborated accomplice evidence, with no direct evidence linking the appellant to the crime, and the prosecution failed to prove the case beyond reasonable doubt.
Source excerpt
- Burglary
- Stealing
- Accomplice evidence
- Hearsay
- Corroboration
- Plea procedure
CamScanner 05 08 2024 16
The appellant's plea was not unequivocal as he qualified his admission to the facts and the trial court failed to follow the established procedure for recording a plea of guilty, rendering the proceedings a nullity.
Source excerpt
- Statutory rape
- Plea procedure
- Conviction on plea of guilty
- Appellate review
abdul salehe bahati saidi v the republic 2023 tzhc 23784 4 december 2023
The High Court held that the appellants’ guilty plea was not unequivocal because the trial court followed the wrong procedure, quashed the conviction, and remitted the case.
- Plea procedure
- Equivocal plea
- Unlawful introduction of domestic animals into national park
- Disturbing habitat of biological diversity
- Forfeiture of property
- Equivocal-plea
hamis masesa vs the republic 2023 tzhc 21756 4 october 2023
The trial magistrate entered a plea of not guilty despite the applicant's admission, but proceeded as if it was a guilty plea, failing to call prosecution witnesses. This procedural irregularity rendered the proceedings and conviction a nullity.
Source excerpt
- Plea procedure
- Conviction on plea of guilty
- Nullity of proceedings
- Right to appeal
- Fresh trial
idrissa so said bayanga 2023 tzhc 18595 30 june 2023
The conviction was based on an equivocal plea, as the appellant was not given an opportunity to admit or deny the facts narrated by the prosecution, violating mandatory procedural requirements for conviction on a guilty plea.
Source excerpt
- Incest
- Plea procedure
- Conviction on guilty plea
- Procedural irregularity
peter oscar daudi vs republic 2023 tzhc 18834 18 june 2023
The trial court erred by convicting the appellant based on admissions of fact rather than a proper plea of guilty, failed to consider the appellant's mental incapacity, and the preliminary hearing was improperly administered. The absence of proof of the victim's age and the defective plea procedure rendered the conviction unsafe and incurable by retrial.
Source excerpt
- Rape
- Statutory rape
- Mental incapacity
- Plea procedure
- Retrial
- Conviction on plea
Criminal Appeal 34 of 2023 Judgment Mrisha J
The trial court lacked jurisdiction due to failure to endorse the consent and certificate conferring jurisdiction, and the charge sheet was not properly read and explained to the appellant, rendering the proceedings and conviction a nullity.
Source excerpt
- Jurisdiction
- Plea procedure
- Procedural irregularity
haruna mabala vs republic 2022 tzhc 10379 29 june 2022
The conviction and sentence were quashed because the appellant was not given an opportunity to comment on the facts after they were read over, amounting to an unfinished plea and a procedural irregularity.
Source excerpt
- Rape
- Plea procedure
- Procedural irregularity
- Conviction on plea of guilty
christopher apolinary kikwete vs republic 2020 tzhc 4072 26 november 2020
High Court allowed a criminal appeal, finding the guilty plea equivocal because the trial court failed to follow proper plea-recording procedure.
- Plea procedure
- Equivocal plea
- Right to fair trial
- Appealability of guilty plea
- Equivocal-plea
- Guilty-plea-procedure
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