Tanzania Case Law

job moses makassy vs republic 2017 tzhc 2234 28 june 2017

Court

TZHC

The prosecution failed to prove its case beyond reasonable doubt due to unresolved inconsistencies in the evidence regarding the amount of money obtained, and the trial court failed to comply with section 226(2) of the Criminal Procedure Act by not bringing the appellant before the court after conviction in absentia, thereby denying him the right to be heard and vitiating the proceedings.

Source excerpt

• Conviction in absentia
• Burden of proof
• Right to be heard
• Section 226 criminal procedure act
• Forgery
• Obtaining money by false pretence

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20170328 TZHC Dar es Salaam

Court

TZHC

The High Court quashed a robbery-with-violence conviction after finding the trial court failed to make a prima facie case finding and deny the accused his defence.

• Robbery with violence
• Right to fair trial
• Conviction in absence of accused
• Section 226 criminal procedure act
• Section 231 criminal procedure act
• Criminal-appeal

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marwa so mahende vs the republic 1997 tzca 95 12 march 1997

Court

TZCA

The Court of Appeal held that an accused convicted in absentia must be brought before the trial court under section 226(2) of the Criminal Procedure Act.

• Robbery with violence
• Conviction in absentia
• Right to be heard
• Section 226 criminal procedure act
• Autrefois acquit
• Criminal-procedure

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