dickson hatibu milonge vs republic 2022 tzca 482 28 july 2022
The trial magistrate's failure to append her signature after recording each witness's testimony violated section 210(1)(a) of the Criminal Procedure Act, rendering the proceedings and conviction a nullity. The prosecution evidence was unreliable and insufficient, and a re-trial was not warranted due to the risk of prejudice to the appellant.
Source excerpt
- Statutory rape
- Procedural irregularity
- Evidence recording
- Re-trial criteria