Tanzania Case Law

hassan said twalibu vs republic 2020 tzca 1859 20 november 2020

Court

TZCA

Failure by the trial court to call upon the appellant to plead to the substituted charge was a fatal procedural irregularity under section 234(2)(a) of the Criminal Procedure Act, rendering the entire trial and subsequent appellate proceedings a nullity. Given additional evidentiary deficiencies and the time already served, a retrial was not in the interests of justice.

Source excerpt

• Plea taking
• Substituted charge
• Nullity of proceedings
• Retrial criteria

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omary ally another vs republic 2018 tzca 517 27 march 2018

Court

TZCA

Failure to read and explain the substituted charge to the appellants and take their pleas rendered the trial a nullity and vitiated their convictions; appellants were not accorded a fair trial.

Source excerpt

• Arraignment
• Fair trial
• Plea taking
• Substituted charge
• Nullity of trial

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20180319 TZCA Dar es salaam 1

Court

TZCA

Failure to read over and explain the substituted charge to the appellants and take their pleas constituted a fundamental breach of criminal procedure, rendering the trial a nullity and vitiating the convictions.

Source excerpt

• Arraignment
• Fair trial
• Plea taking
• Substituted charge
• Nullity of trial

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NDWATA

Court

TANZLII

The trial court failed to accord the appellant the right to enter plea to the substituted charge as required by section 234(1)(2)(a) of the Criminal Procedure Act, which is a fatal procedural irregularity rendering the trial a nullity and necessitating a retrial.

Source excerpt

• Unnatural offence
• Plea taking
• Substituted charge
• Procedural irregularity
• Right to fair trial
• Retrial

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paulo apolo vs republic 2016 tzca 812 23 may 2016

Court

TZCA

The Court of Appeal held that the missing substituted charge sheet made the conviction unsafe, nullified the proceedings, and ordered a retrial.

• Robbery with violence
• Armed robbery
• Fair trial
• Criminal procedure
• Substituted charge
• Criminal-law

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