20190829 TZCA arusha
The absence of the substituted charge sheet and the ruling on the existence of a prima facie case in the record of appeal deprived the appellants of their right to a fair trial and appeal, rendering the conviction unsafe. Non-compliance with section 231(1) of the CPA further vitiated the proceedings. The cumulative effect of these procedural irregularities necessitated nullification of the trial and appellate proceedings and a retrial on a proper charge.
Source excerpt
- Armed robbery
- Conspiracy
- Right to fair trial
- Record of appeal
- Missing documents
- Procedural irregularity