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Tanzania decisions
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The High Court partly allowed a criminal appeal, quashing the first stealing count, upholding the remaining convictions, and changing sentences to run concurrently.
The Court of Appeal held that failure to inform the accused of the right to recall witnesses after a substituted charge made the later proceedings a nullity.
The trial court's failure to inform the appellant, a layperson, of his right to recall witnesses after the charge was substituted, as required by section 234(2)(b) of the Criminal Procedure Act, was a fatal procedural error that vitiated the proceedings and judgment.
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Failure to obtain DPP consent for substituted charges and failure to inform accused of right to recall witnesses rendered trial proceedings and conviction a nullity.
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Non-compliance with section 218(3) of the Zanzibar Criminal Procedure Act is a fatal irregularity that nullifies the trial. In the absence of substantive evidence (audit report not tendered), a retrial is not justified.
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Non-compliance with section 218(3) of the Zanzibar Criminal Procedure Act is a fatal irregularity that renders the trial a nullity. Since the audit report was not tendered at trial, there is no substantive evidence to justify a retrial.
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The High Court quashed a robbery conviction after finding the applicant was denied a fair trial during substitution of the charge and improper court questioning.
The Court of Appeal held that failure to inform the accused of the right to recall witnesses under section 214 of the Criminal Procedure Act was a fatal irregularity.
The High Court set aside a theft conviction after finding a breach of section 214 of the Criminal Procedure Act in a partly heard criminal trial.
The Court of Appeal held that a succeeding magistrate must inform an accused of the right to resummon witnesses under section 214(2)(a) of the Criminal Procedure Act.
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