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Tanzania decisions
Decisions matching the current search
The High Court quashed a conviction and 30-year sentence after the trial records could not be found, and ordered the applicant’s release subject to any lawful detention.
Joint representation of appellants with conflicting interests by only two advocates violated their constitutional right to fair hearing and effective representation, rendering the trial proceedings and resultant judgment a nullity. Given the period spent in custody exceeding the imposed sentence, ordering a retrial would cause grave injustice; thus, the appeal is allowed, proceedings nullified, conviction quashed, sentence set aside, and immediate release ordered.
Source excerpt
The African Court awarded each applicant TZS 5 million for moral prejudice and ordered their release, while dismissing claims for material loss, indirect victims, fees, and costs.
The High Court allowed a criminal appeal after the original record could not be traced or reconstructed, setting aside the conviction and ordering release.
The Court of Appeal allowed a criminal appeal by three appellants, quashed their convictions, set aside their sentences, and ordered their release.
The Court of Appeal of Tanzania allowed Biko Emmanuel’s criminal appeal, quashed the conviction, set aside the sentence, and ordered his release unless lawfully held.
The Court of Appeal allowed Biko Emmanuel’s criminal appeal, quashed the conviction, set aside the sentence, and ordered release unless lawfully held.
The proceedings and judgments of the District Court and High Court were quashed and sentences set aside because the charge sheet was fatally defective and the appellant was sentenced without a conviction, both of which are fatal errors that prejudiced the appellant and rendered the entire process a nullity.
Source excerpt
The proceedings and judgments of the District Court and High Court were quashed and sentences set aside because the charge sheet was fatally defective and the appellant was sentenced without a conviction, both being fatal procedural errors. A retrial was not ordered due to weak and unreliable prosecution evidence, and the appellant was ordered to be released.
Source excerpt
The High Court revised a 30-year criminal sentence after finding the original judgment and records unavailable, and ordered Chubiko Sinde’s immediate release.
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