simon martin vs dpp 2020 tzca 273 3 april 2020
The D.P.P.'s appearance before the District and High Courts was unlawful as he was neither an appellant nor had served notice to be heard, rendering the proceedings and judgments of both appellate courts a nullity. The grounds of appeal before the Court of Appeal were not certified by the High Court, thus invalid. The enhancement of sentence by the High Court was illegal as it was based on a different offence and denied the appellant an opportunity to be heard.
Source excerpt
- Robbery with violence
- Jurisdiction of appellate courts
- Appearance of d.p.p.
- Certification of points of law
- Natural justice