omary elia kulanga vs the republic 2024 tzhc 658 16 february 2024
The trial court failed to exercise its discretion judiciously under section 226(2) of the CPA by not accepting the appellant's illness as good cause for his absence and not setting aside the conviction and sentence imposed in absentia; the proceedings, conviction, and sentence are quashed and a retrial is ordered.
Source excerpt
- Right to be heard
- Trial in absentia
- Exercise of judicial discretion
- Section 226(2) criminal procedure act
- Retrial