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The High Court at Shinyanga allowed an economic crimes appeal, holding the trial court lacked proper jurisdiction and the evidence was insufficient for retrial.
The proceedings before the trial court were null and void due to irregularities in the consent and certificate conferring jurisdiction, which failed to name the charged offences as required by law. Consequently, the conviction and sentence are quashed and set aside. A retrial is not ordered due to weaknesses in the prosecution's case and to avoid injustice.
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The proceedings, conviction, and sentence are a nullity for want of valid consent to prosecute the appellant with an economic offence. The prosecution evidence is insufficient to justify a retrial as the inventory was not properly prepared and the exhibit was disposed of without observing the law.
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The trial was a nullity because the consent to prosecute was issued by an officer subordinate to the DPP under section 26(1) of the EOCCA, which is not permitted by law. Consequently, the proceedings, conviction, and sentence are quashed. A retrial is not ordered as the prosecution's evidence was insufficient and a retrial would only serve to fill evidentiary gaps, contrary to established legal principles.
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The High Court quashed convictions for unlawful possession of government trophy after finding invalid consent and a defective transfer certificate made the trial a nullity.
The trial court acted without jurisdiction because the consent to prosecute did not specify the economic offences, rendering the proceedings, convictions, and sentences a nullity. The deficiencies in the prosecution's evidence preclude an order for retrial.
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The proceedings in both the trial and first appellate courts were null and void due to lack of jurisdiction arising from defective consent and certificate, which were not issued by the DPP and did not cite the correct provisions. Consequently, all convictions and sentences are quashed and set aside.
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The trial court failed to properly test and record the competence and promise of the child witness as required by section 127(2) of the Evidence Act, rendering the victim's evidence inadmissible and unreliable. With the victim's evidence expunged, the remaining evidence was insufficient to sustain a conviction. A retrial was not appropriate as it would allow the prosecution to fill evidentiary gaps, contrary to established principles.
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The evidence of the child witnesses was received contrary to mandatory statutory requirements, rendering it illegal and expunged. The remaining evidence was insufficient to sustain a conviction. A retrial was not warranted as it would allow the prosecution to fill evidentiary gaps, contrary to established principles. The conviction and sentence were quashed and the appellant ordered released.
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The Court of Appeal nullified a criminal trial for lack of jurisdiction, upheld challenges to evidence and charge particulars, and ordered the appellants’ release.
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