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Tanzania decisions
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The High Court allowed a criminal appeal, quashed a trespass conviction and illegal sentence, and held that a prior acquittal barred retrial on the same facts.
The trial court erred by convicting the appellant for offences not charged, under wrong sections, and imposing an illegal sentence; these irregularities cannot be cured by section 388 of the CPA.
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The High Court revised and set aside a prison sentence imposed on a 16-year-old child offender, holding that the imprisonment was unlawful under child-sentencing law.
The High Court revised an illegal sentence for unlawful presence under the Immigration Act, set it aside, and ordered the applicant’s release unless otherwise lawfully held.
The appellant's right to a fair trial was violated by the trial court's failure to inform him of his rights under section 231 of the Criminal Procedure Act, and the sentence imposed exceeded the court's jurisdiction under section 170; thus, the proceedings, conviction, and sentence are nullified and the appellant is to be released.
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The trial court's failure to inform the appellant of his rights under section 231 of the Criminal Procedure Act constituted a fatal procedural irregularity, and the sentence imposed exceeded the lawful maximum; thus, the proceedings, conviction, and sentence were nullified and the appellant ordered to be released without retrial.
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The Court of Appeal held that a 14-year-old appellant had been illegally sentenced to imprisonment and that the lower courts failed to follow the procedure for conviction in absentia.
Court of Appeal quashed a rape conviction for a defective charge, improper amendment without fresh plea, and uncorroborated child-witness evidence.
The High Court quashed Dastan s/o Peter Wakota’s convictions for unlawful possession of firearms and ammunition, finding the trial court lacked jurisdiction and the sentence was illegal.
The High Court upheld the conviction for impregnating a schoolgirl but set aside a three-year prison sentence as unlawful, ordering the appellant’s release unless otherwise held.
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