adam angelius mpondi vs republic 2020 tzca 1821 19 october 2020
The conviction and sentence are quashed because the charge was duplex, containing two distinct offences in one count, and the trial magistrate failed to comply with section 226(2) of the CPA by not giving the appellant an opportunity to explain his absence after re-arrest, rendering the proceedings a nullity.
Source excerpt
- Unnatural offence
- Defective charge
- Conviction in absentia
- Right to be heard
- Section 226(2) cpa
- Section 154 penal code