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Tanzania decisions
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Court of Appeal held the appellant’s plea was invalid because he admitted rape, not the charged offence of unnatural offence, and ordered a retrial.
The trial court lacked jurisdiction to try the appellant for an economic offence as the DPP's consent and certificate conferring jurisdiction were not properly admitted or endorsed before plea taking, rendering the proceedings, conviction, and sentence nullities.
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The facts presented did not disclose all elements of attempted rape, specifically the required threat for sexual purposes, rendering the plea ambiguous and the conviction and sentence a nullity.
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The Court of Appeal held that failure to take plea on all substituted counts rendered the trial a nullity and refused a retrial.
The High Court held that a Court of Appeal order for a fresh trial, unless qualified, nullifies prior proceedings including preliminary hearing and requires a restart from plea taking.
Failure to take plea before commencement of trial with assessors is a fatal omission that renders the entire proceedings a nullity and is not curable under section 388(1) of the Criminal Procedure Act; a retrial is necessary to ensure justice.
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The trial was vitiated by an incurably defective charge as alterations were made without leave of the court and the appellant was not called to plead afresh, rendering the proceedings, conviction, and sentence null and void.
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The High Court allowed a criminal appeal, quashed a rape conviction and 30-year sentence, and ordered retrial after finding procedural irregularities.
Failure to take a plea on the amended charge is a fatal procedural irregularity rendering the trial and appellate proceedings a nullity; deficiencies in prosecution evidence and likelihood of injustice to the accused preclude an order for retrial.
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The High Court held that the appellant’s plea to cattle theft was not unequivocal, quashed the conviction and sentence, and ordered a retrial.
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