Tanzania Case Law

masumbuko mhoja another vs republic 2022 tzca 500 10 august 2022

Court

TZCA

The charge was fatally defective for failing to specify to whom the threat or violence was directed in the particulars of offence, an essential element under section 287A of the Penal Code and section 132 of the Criminal Procedure Act. This defect is not curable by evidence, rendering the trial and appellate proceedings null and void.

Source excerpt

• Defective charge
• Armed robbery
• Particulars of offence
• Section 287a penal code
• Section 132 criminal procedure act
• Section 388(1) criminal procedure act

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hebron kasigala vs republic 2021 tzca 268 1 july 2021

Court

TZCA

The Court of Appeal nullified the conviction because the charge sheet improperly split armed robbery and grievous harm based on the same facts.

• Armed robbery
• Burglary
• Grievous harm
• Defective charge sheet
• Fair trial
• Particulars of offence

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marwa kachanga vs republic 2020 tzca 184 15 april 2020

Court

TZCA

The charge sheet was incurably defective for citing a non-existent section and failing to disclose the person to whom the threat was directed, rendering the entire proceedings, conviction, and sentence invalid and a nullity.

Source excerpt

• Defective charge sheet
• Armed robbery
• Section citation error
• Particulars of offence
• Fair trial

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CRIMINAL APPEAL NO

Court

TANZLII

The conviction and sentence could not stand because the charge was fatally defective for failing to specify the relevant instance under section 132(2) of the Penal Code, depriving the appellant of a fair trial and the ability to prepare his defence.

Source excerpt

• Defective charge
• Attempted rape
• Fair trial
• Particulars of offence
• Revisional powers

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HAMIS SHIJA MGWESA Vs

Court

TANZLII

The charge was fatally defective for failing to specify the dates or months of the alleged offences, which prejudiced the appellant's ability to prepare a defence and rendered the trial unfair. The defects were not curable under section 388 of the CPA. Consequently, the conviction and sentence were quashed and set aside.

Source excerpt

• Defective charge
• Rape
• Impregnating a school girl
• Fair trial
• Particulars of offence
• Variance between charge and evidence

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20100803 TZHC Mbeya

Court

TZHC

The failure to specify the place of commission in the charge deprived the appellant of a fair trial and rendered the prosecution's case unproven beyond reasonable doubt. The defect was fatal and warranted quashing the conviction and setting the appellant free.

Source excerpt

• Defective charge
• Variance between charge and evidence
• Fair trial
• Particulars of offence

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