awadhi abdul kamugisha vs republic 2014 tzhc 2411 12 may 2014
Conviction and sentence under a repealed law (section 136(1) of the Penal Code) is a fatal irregularity that cannot be cured, as the offence was not re-enacted in identical terms; therefore, the conviction and sentence are quashed and the appellant is to be released unless held for another lawful cause.
Source excerpt
- Defilement
- Rape
- Conviction under repealed law
- Sentencing
- Right to fair trial