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Tanzania Case Law

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Criminal law SEVERIN WILBARD VS THE REPUBLIC CRIMINAL APPEAL NO 741 OF 2023

SEVERIN WILBARD VS THE REPUBLIC CRIMINAL APPEAL NO 741 OF 2023

The entire criminal process was a nullity as the facts disclosed a civil dispute, not a criminal offence, and the charge was fatally defective. The proceedings, judgment, sentence, and orders were illegal and set aside.

  • Stealing by agent
  • Defective charge
  • Civil vs criminal remedies
  • Exhaustion of remedies
  • Compensation orders
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Criminal law AZIZA

AZIZA

The appellant was not denied the right to be heard as she was afforded multiple opportunities to defend herself but absconded without reasonable cause. The amended charge properly reflected the total loss of TZS 37,573,274/=, and the compensation order of TZS 35,000,000/= did not exceed the proven loss. The proceedings were not rendered a nullity by procedural irregularities, and the evidence, including direct testimony and documentary exhibits, proved the offence beyond reasonable doubt. Civil remedies were not applicable as the matter was criminal in nature, and salary deductions during int…

  • Occasioning loss to specified authority
  • Right to be heard
  • Compensation orders
  • Proof beyond reasonable doubt
  • Procedural irregularities
  • Civil vs criminal remedies
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