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Tanzania decisions
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Failure to amend or substitute the charge after discharge of co-accused rendered the charge incurably defective, resulting in a nullity of the entire trial and conviction; such defect is not curable under section 388 of the CPA.
Source excerpt
The conviction was quashed because the charge sheet was incurably defective, there were fundamental contradictions in the prosecution evidence regarding the time of the offence, the trial was marred by procedural irregularities including change of magistrates without reasons and failure to conduct voir dire for a child witness, and a retrial was not appropriate given the nature of the defects and insufficiency of evidence.
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The conviction was based on watertight visual identification corroborated by multiple independent testimonies and properly admitted extrajudicial statements; change of magistrates did not prejudice the appellant.
Source excerpt
The evidence of visual identification was corroborated by multiple independent sources and was watertight; extrajudicial statements were properly admitted; conviction was not based solely on extrajudicial statements; change of magistrates did not materially prejudice the appellant.
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