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Accused acquitted where defects in search, absence of independent witness and broken chain of custody undermined prosecution’s drug case.
Accused convicted for trafficking 213.05 kg cannabis; search, disposal and custody found lawful; mandatory life sentence.
Accused acquitted where chemist confirmed heroin but search lacked a credible independent witness, undermining lawful seizure.
Alibi defence must be notified; failure to cross‑examine weakens defence case. * Sentencing – concurrent lengthy terms with credit for pre‑trial detention; juvenile treated by probation.
Acquittal where prosecution failed to prove knowledge/possession and disposal of perishable exhibits violated right to be heard.
| alibi – statutory notice/particulars required; late or unparticularized alibi may be treated as afterthought. * Property forfeiture – Confiscation of vehicle under section 49A(1) Drugs Act where ownership not established. |
Accused acquitted because broken chain of custody and defective disposal records prevented proof of drug trafficking.
accused must be afforded right to be heard and magistrate’s oral evidence may be necessary when Form is silent; Proof beyond reasonable doubt — shortcomings in ownership, custody and disposal vitiate prosecution case.
An applicant for extension under POCA must prove good cause and account for every day of delay.-POCA s9(5) – extension of time to file forfeiture application; “good cause” – must be shown and is dependent on circumstances; applicant must account for each day of delay; pendency of appeal by the accused not automatically good cause where appeals were initiated by accused; prejudice not considered if not pleaded.
Autrefois acquit (Section 137 CPA) – requirements: same accused, same or substantially same issue, final determination by competent court – distinction between different documents (Extract Resolution vs. Minutes) defeats plea – addition of new accused does not bar plea.
The 1st accused was convicted of drug trafficking and sentenced to life, while the 2nd accused was acquitted.
Acquittal where chain of custody defects vitiate prosecution case.
Accused convicted and sentenced to life for trafficking 216kg cannabis; seizure, analysis, destruction and chain of custody upheld.
Accused convicted and sentenced to life for trafficking 7.73 kg heroin; warrantless search and chain of custody upheld.-Drug trafficking – heroin 7.73 kg – proof of substance and weight – Government Chemist report admissible and conclusive under s48A(2) DCEAct. * Possession and trafficking – constructive/actual possession established by knowledge and control; accused leading police to cache. * Search and seizure – warrantless search lawful under emergency exception to CPA and compliance with DCEAct (independent witness). * Chain of custody – exhibit register, seizure certificates and laboratory procedures maintained unbroken. * Sentence – mandatory life imprisonment under s15(1)(a) DCEAct.
AFFIDAVIT- APPLICATION FOR REVIEW IN THE COURT OF APPEAL- REQUIREMENT THAT SUCH APPLICATION SHOULD BE MADE BY NOTICE OF MOTION SUPPORTED BY AFFIDAVIT- AFFIDAVIT- JURAT OF ATTESTATION -WHAT IS JURAT- REQUIREMENT OF SIGNATURE OF DEPONENT- EFFECT OF ABSENCE OF DEPONENT’S SIGNATURE
AFFIDAVITS – APPLICATION FOR REVIEW- AFFDAVIT ACCOMPANYING IT LACKS NAME OF ATTESTING OFFICER IN THE JURAT OF ATTESTATION- EFFECT THEREOF- SECTION 8 OF THE NOTARIES PUBLIC AND COMMISIONER FOR OATHS ACT CAP 12
AFFIDAVIT- AFFIDAVIT ACCOMPANYING APPLICATION FOR EXTENSION OF TIME- APPLICANT DEPOSED IN HIS AFFIDAVIT THAT HE IS A MOSLEM ,BUT AT THE HEARING OF THE APPLICATION, HE INFORMED THE COURT TAT HE IS A CHRISTIAN AND HIS CHRISTIAN NAME IS SYLEVESTER- EFFECT THEREOF
APPEAL- APPEALS AGAINST INTERLOCUTORY ORDERS- WHETHER AN ACCUSED PERSON MAY APPEAL AGAINST AN INTERLOCUTORY ORDER
APPEALS AGAINST INTERLOCUTORY ORDERS- WHETHER APPELLABLE BY THE D.P.P SECTION 6(2) APPELLATE JURISDICTION ACT
APPEAL- INTERLOCUTORY ORDERS- APPEAL AGAINST DECISION GRANTING LEAVE FOR FILLING APLIOCATION FOR JUDICIAL REVIEW- PURPOSE OF LEAVE STAGE FOR JUDICIAL REVIEW- WHETHER SUCH DECISION IS APPELABLE- SECTION 5(2)(d) OF THE APPELATE JURISDICTION
APPEAL-SUMMARY DISMISSAL OF APPEAL- PRINCILES TO BE TAKEN INTO ACCOUNT BEFORE THE COURT DECIDES TO REJECT THE APPEAL SUMMARILY- SECTION 364(1) OF THE CPA
APPEAL – SUMMARY DISMISSAL OF APPEAL BY THE HIGH COURT WHETHER HIGH COURT MAY DISMISS AN APPEAL SUMMARILY AFTER IT HAS ALLOWED THE PARTIES TO ARGUE THE APPAEAL ON MERIT- SECTION 328 OF THE ZANZIBAR CRIMINAL PROCEDURE DECREE
APPEALS- SUMMARY DISMISSAL OF AN APPEAL AGAINST A DECISION TO SUMMARILY DISMISS AN APPEAL- OPTIONS OPEN TO THE SECOND APPEALLATE COURT
APPEALS- APPEAL AFTER CONVICTION BUT BEFORE SENTENCE IS PAASED – APPEAL PREMATURE
APPEAL ORIGINATING FROM PRIMARY COURT- APPELLATE MUST FIRST SEEK A CERTIFICATE AT THE HIGH COURT THAT THERE IS A POINT OF LAW INVOLVED IN THE INTENDED APPEAL- SECTION 6(7) (b) ofthe appellate jurisdiction act cap 141
APPEAL ORIGINATING FROM PRIMARY COURT – CIRCUSTANCES UNDER WHICH THE D.P.P MAY BE MADE A PATY IN SUCH AN APPEAL- SECTION 34(1) (b) OFTHE MAGISTRATES COURT ACT
APPEAL FROM SETENCE- SENTENCE EXCESSIVE- CIRCUSTANCE UNDER WHICH THE APPELATE COURT MAY INTERFERE WITH SENTENCE
APPEALS- THIRD APPEAL- APPELLANT RAISES DEFENCE OF ALIBI NOT RAISED AND CONSIDERED BY SECOND APPELATE COURT- WHETHER THERE WAS A POINT OF LAW TO BE CONDIDERED BY THE THIRD APPELLATE COURT
APPEALS -REVISIONAL ORDER OF THE HIGH COURT TOUCHING ONLY THE SENTENCE METED OUT BY THE SUBORDINATE COURT- APPELLANT LODGED APPEAL TO THE COURT OF APPEAL CHALLENGING BOTH CONVICTION AND SENTENCE, WHILE NO APPEAL AGAINST CONVICTION WAS FILED IN THE HIGH COURT OR DETERMINED- WHETHER IT WAS OPEN FOR THE APPELLANT TO APPEAL TO THE COURT OF APPEAL AGAINST CONVICTION
ADDITIONAL EVIDENCE ON APPEAL- ADDITIONAL EVIDENCE TAKEN IN THE ABSENCE OF THE ACCUSED- WHETHER PROPER- SECTION 369(3) OF THE CPA
APPEAL-CONCTION BASED ON A PLEA OF GUILTY- WHETHER APPELLABLE- SECTION 360 CPA
APPEALS- PLEA OF GUILTY- WHEHER A CONVICTION UPON A PLEA OF GUILTY IS APPELLABLE- CIRCUSTANCES UNDER WHICH SUCH MAY BE ENTERTAINMED
APPEAL AGAINST CONVICTION BASED ON AN UNEQUIVOCAL PLEA OF GUILTY- SUCH APPEAL CANOT BE SUSTAINED- CONVICTION ON PLEA OF GUILTY- CIRCUSTANCE IN WHICH APPEAL MAY STAND
APPEALS- COSTS- D.P.P GRANTED PRAYER FOR SUBSTITUTED SERVICE PUBLICATION- COSTS FOR SUBSTITUTED SERVICE- WHETHER D.P.P SHOULD BEAR THE COSTS- RULE 10(2) THE COURT FEES RULES
APPEAL- APPEAL AGAINST ACQUITTALS ORIGINATING IN THE DISTRICT COURTS-WHETHER THE COMPLAINANT CAN PURSUE THE APPEAL IN THE HIGH COURT
APPEAL- WHETHER AN AGRIEVED VICTIM OF A CRIME AN APPEAL AGAINST A DECISION OF A DISTRICT COURT WHERE THE D.P.P DOES NOT APPEAL- WHETHER THE HIGH COURT CAN ORDER THE D.P.P TO LODGE AN APPEAL
APPEALS- RIGHT OF APPEAL BY COMPLAINANT- WHETHER COMPLAINANT MAY APPEAL AGAINST ACQUITAL OF ACCUSED PERSON
APPEALS- RIGHT TO APPEAL- WITNESS AGRIEVED BY ORDER OF THE COURT- WHETER SUCH WITNESS HAS A RIGHT TO APPEAL -ORDER MADE ON A TRIAL FOR RESTITUTION OF PROPERTY- WHETHER ÄNY PERSON AGRIEVED “BY SUCH ORDER INCLUDES A PERSON WHO IS NOT A PARTY TO THE CASE- SECTION 358(5) CPA CONSTRUED
APPERANCE- RIGHT TO APPEAR BY ACCUSED- DUTY OF COURT- EXCEPTIONS TO RULE- EFFECT OF IRREGULARITY- SECTION 34 AND 37(2) OF THE MAGISTRATES COURT ACT 1984
APPEAL-WITNESS CREDIBILITY- CIRCUSTANCES THAT MAY JUSTIFY AN APPELLATE COURT’S INTERFERENCE WITH TRIAL COURT’S FINDING ON CREDIBILITY
APPEAL-FAILURE APPELLATE COURT TO RE- EVALUATE EVIDENCE AND CONSIDER MATERIAL ISSUES INVOLVED- PROCEDURE TO BE FOLLOWED ON A SECOND APPEAL
APPEAL-DUTY OF THE FIRST APELLATE COURT- EFFECT OF FAILURE BY TRIAL COURT TO CONSIDER DEFENCE CASE
APPLICATION FOR EXTENSION OF TIMEFILED BEFORE THE COURT OF APPEAL WITHOUT FIRST BEING PREFERRED AT THE HIGH COURT- EXECEPTION IN CRIMINAL MATTERS- RULE 47 OF THE COURT OF APPEAL RULES- 2009- DUTY OF THE PRISON OFFICER IN APPEAL PROCESS
APPEAL- NOTICE OF APPEAL BY THE D.P.P- MEANING OF THE DIRECTOR OF PUBLIC OF PROSECUTIONS”SECTION 377 OF THE CPA
APPEAL BY THE D.P.P-RIGHT TO BE SUPLLIED WITH NECESSARY COPIES FOR APPEAL PURPOSES- DUTY OF THE COURT TO NOTIFY THE PARTIES THAT THE SAID COPIES ARE READY FOR COLLECTION- SERVICE OF DOCUMENTS ON D.P.P- DOCUMENT SERVED TO THE A.G’S OFFICE- WHETHER IT CONSTITUTUTES SERVICE TO THE D.P.P-GENERAL DUTIES OF THE A.G AND D.P.P EXPLAINED
ALTERNATIVE VEDICT- COGNATE OFFENCES- COURT’S POWER TO SUBSTITUTE CONVICTIONS- OBSTRUCTING A POLICE OFFICER IN DUE EXECUTION OF DUTY SUBSTITUTED WITH CONVICTION OF ASSAULT OCCASSIONING ACTUAL BODILY HARM OF THE SECTION 181(1) CRIMINAL PROCEDURE CODE, SECTION 179(2) CRIMINAL PROCEDURE CODE SECTION 238-INDIAN CODE OF CRIMINAL PROCEDURE, 1898
ALTERNATIVE VEDICT- COGNATE OFFENCES- WHETHER PROPER FOR TRIAL COURT TO CONVICT THE APPELLANTS OF GRAVE SEXUAL AS LESSER AND COGNATE OFFENCE TO MURDER -COGNATE AND MINOR NOFFENCE DEFINED
ALTERNATIVE VERDICT- STEALING BY AGENT- WHETHER A CONVICTION FOR ARMED MAY BE ENTERED ON A CHARGE OF ROBBERY WITH VIOLENCE UNDER SECTION 285 AND 286 OF THE PENAL CODE CODE AND ACT 10 OF 1989
ALTERNATIVE VEDICT- CIRCUSTANCES UNDER WHICH IT IS PERMITTED- WHETHER A PERSON ACCUSED OF ASSAULTING A POLICE OFFICER IN THE DUE EXECUTION OF DUTY CAN BEE CONVICTED OF ASSAULT CAUSING BODILY HARM
ALTERNATIVE VERDICTS- PRINCIPLE GOVERNING ALTERNATIVE VEDICTS- WHETHER A CHARGE OF THREATENING VIOLENCE CAN BE SUBSTITUTED FOR COMMON ASSAULT
ALTERNATIVE CONCICTION- ACCUSED CHARGED OF ATTEMPTED RAPE-, BUT CONVICTED OF RAPE – WHETHER THE ACCUSED MAY BE CONVICTED OF AN OFFENCE GRAVE THAN THE CHARGED OFFENCE
ALTERNATIVE VEDICTS-COMMON ASSAULT CAN SUBSTITUTED FOR ROBBERY WITH VIOLENCE
ALTERNATIVE CONVICTION- ACCUSED CHARGED WITH CATTLE THEFT, BUT ULTIMATELY CONVICTED, WITHOUT THE ORGINAL CHARGE EVER HAVING BEEN AMENDED OF CRIMINAL TRESPASS- WHETHER THE CONVICTION WAS PROPER
ASSESSORS- JUDGE INDICATING TO ASSESSORS HIS ASESSEMENT OF THE TESTIMONY OF A WITNESS
ASSESSORS- DIRECTIONS TO ASSESSORS- TRIAL JUDGE MISDIRECTS ASSESSORS ON THE NATURE OF PROVOCATION- ASSESSORS FAIL TO DETERMINE AND ADVICE ON THE PROVOCATIVE NATURE OF THE DECEASED’S WORDS
ASSESSORS OPINION- DUTY OF TRIAL JUDGE TO TAKE SUCH OPINION BEFRE GIVING JUDGEMENT- SECTION 248 OF THE CRIMINAL PROCEDURE CODE (NOW SECTION 265 OF THE CPA)
ASSESSORS- RIGHT OF AN ACCUSED TO OBJECT TO AN ASSESSOR- EFFECT OF FAILURE TO GIVE ACCUSED OPPORTUNITY TO EXERCISE THE RIGHT
ASSESSORS- NEW SET OF ASSESSORS PROCEEDINGS WITH A CASE COMMENCED WITH OTHER ASSESSPRS -WHETHER COURT PROPERLY CONSTITUTED
ASSESSORS-RECRUITMENT OF A NEW ASSESSOR AFTER THE HEARING HAS STARTED-GROUND FOR VISITING THE PROCEEDINGS- HOW SHOULD THE COURT PROCEED- THE POSITION UNDER THE OLD CRIMINAL PROCEDURE CODE DISTINGUISHED FROM CURRENT CPA
ASSESSORS NOT GIVEN OPPORTUNITY TO PUT QUESTIONS TO WITNESESSES- WHETHER TRIAL WITH AID OF ASSESSORS- EFFECT-SECTION 265 OF THE CPA
ASSESORS-TRIAL JUDGE MAKING HIS OPINION KNOWN TO THE ASSESSORS, THREBY INFLUENCING THEM- ITS EFFECT- NEW SET OF ASSESSORS PROCEEDING WITH A CASE COMMENCED WITH OTHER ASSESSORS- WHETHER COURT PROPERLY CONSTITUTED
ASSESSORS-CROSS EXAMINATION DEFINED- QUESTIONS PUT BY ASSESSORS TO WITNESS DURING A TRIAL IN ORDER TO SEEK CLARIFICATION DISTINGUISHED FROM CROSS-EXAMINATIONG WITNESS- SECTION 146 146(2), 155 (a) and (c) ANND 177 OF THE EVIDENCE ACT CAP 6
ASSESSORS-ALLOWED TO CROSS -EXAMINE WITNESSES INSTEAD OF PUTTING QUESTIONS TO THE WITNESS-WHETHER FATAL TO THE PROCEEDINGS- DETERMINING QUESTION IN SUCH CASES
ADJOUNMENT-CASE ADJOUNED FOR A PERIOD RUNNING BEYOND 60 DAYS-WHETHER THE ADJOUNMENTS VITIATED THE WHOLE PROCEEDINGS IN THE CASE-SECTION 225(4) AND (5) OF THE CPA
ADJOUNMENT- ADJOUNMENT IN TRIALS BEFORE SUBORDINATE COURTS- TRIAL COURT GRANTING ADJOUNMENT BEYOND AGREGATE OF 60 DAYS-WHETHER PROCEEDINGS ARE VITIATED-SECTION 225(4) AND (5) OF THE CPA
ADJOURNMENT OF CASES- STATUTORY CONTROL OF ADJOUNMENTS AND REMAND OF ACCUSED IN CUSTODY-NEED FIR CERTIFICATE FROM SPECIFIED OFFICERS STATING THE NEED AND GROUNDS FOR FURTHER ADJOUNMENTS AND OF REMAND CUSTODY- SECTION 225(1) AND (4) OF THE CPA
ADJOUNMENTS- COMPLIANCE WITH SECTION 225(4) OF THE CPA
ADJOUNMENT OF CASES- APPLICABILITY OF SECTION 225(4) OF THE CPA
ADJOUNMENTS- PROCEDURE WHERE THE COURT REFUSES TO GRANT ADJOUNMENT FOR CONTINUTIONOF THE PROSECUTION CASE AFTER CERTAIN WITNESSES FOR THE PROSECUTION HAD TESTIFIED
ADJOUNMENT-PROCEDURE TO BE FOLOWED BY THE COURT WHEN IT REFUSES TO GRANT ADJOUNMENT FOR CONTINUATION OF THE PROSECUTION CASE AFTER CERTAIN WITNESSES FOR THE PROSECUTION HAVE TESTIFIED-WHETHER THE CURT HAS POWER ON ITS OWN VOLITION TO CLOSE THE PROSECUTION CASE
ADJOUNMENT AND DISCHARGE- POWER OF TRIAL COURT TO DISMISS CHARGE AFTER NUMERROUS ADJOUNMENTS
ACCUSED ACQUITTED UNDER SECTION 198 OF THE CRIMINAL PROCEDURE CODE FOR WANT PROSECUTION-WHWTHER ACQUITTAL LAWFUL-MISQUOTING THE PROVISION UNDER WHICH THE PROCEEDINGS WERE TERMINATED-EFFECT TO THE MAGISTRATE’S POWER
ACCUSED COMMITTED TO A MENTAL HOSPITAL BUT THE MEDICAL REPORT WAS NOT ADMITTED IN COURT AND NO REFERENCE MADE TO IT DURING THE TRIAL- ITS EFFECT-SECTION 220(1) AND (2) OF THE CPA
AUTRFOIS ACQUIT- PROCEDURE APPLICABLE- SECTION 203(5) OF THE Cr. Pr. Code (Now Section 137 OF THE CPA)
AUTREFOIS ACQUIT- APPEARANCE OF A PARTNER IN A PARTNERSHIP IN A CRIMINAL CASE- WHO MAY APPEAR- WHETHER ON EPARTNER MAY APPAEAR ON BEHALF OF ANAOTHER PARTNER- WHETEHR THE PRINCIPLE OF AUTREFOIS ACQUIT MAY APPKY IN FAVOUR OF THE OTHER PARTNER
AUTRFOISACQUIT- CASE DIMSSED DUE TO PROSECUTOR’S ABSENCE FROM COURT WHEN CASE IS CALLED ON FOR HEARING- PROSECUTOR APPEARS A SHORT WHILE LATER ACCUSED ARGUES THAT EARLIER DISMISSAL ORDER WAS A BAR TO THE SUBSEQUENT PROSECUTION- WHETHER ARGUEMENT VAILD
AUTREFOIS ACQUIT- APELLANT EARLIER ACQUITTED OF BURGLARY BY PRIMARY COURT DUE TO THE FAILURE OF THE COMPLAINANT TO APPEAR- APPELLANT RECHHARGED WITH THE SAME OFFENCE- WHETEHR SUCH ACQUITTAL A BAR TO SUBSEQUENT PROCEEDINGS AGAINST HIM- RULE 24 OF THE PRIMARY COURTS CRIMINAL PROCEDURE CODE AND SECTION 138 OF THE CRIMINAL PROCEDURE CODE
AUTREFIS ACQUIT- FIRST CHARGE IN PRIMARY COURT WITHDRAWN AFTER ACCUSED HAD BEGUN GIVING EVIDENCE IN DEFENCE- WHETEHR THE DEFENCE OF AUTREFOIS ACQUIT WAS AVAILABLE- SECTION 22(1) OF THE PRIMARY COURTS CRIMINAL PROCEDURE CODE AND SECTION 86 OF THE ORDINARY CRIMINAL PROCEDURE CODE
AUTREFOIS ACQUIT- PROSECUTION WITHDRAWAS CHARGES AFTER ACCUSED HAS GIVEN EVIDENCE- ACCUSED RE- ARRESTED AND CHARGED WITH THE SAME OFFENCE FROM THE SAME FACTS- WHETEHR DEFENCE AUTREFOIS ACQUIT OPEN TO ACCUSED- WHETHER EVIDENCE RECORDED IN EARLIER TRIAL CAN BE USED IN SUBSEQUENT TRIAL
AUTREFOIS CONVICT- FAILURE OF COURT TO TRY ONE OF THE CHARGES BECAUSE OF LACK OF JURISDICTION- WHETEHR A BAR TO SUBSQUENT PROSECUTION IN PROPER COURT
ALIBI- ACCUSED FAILS TO BRING HIS WIFE TO TESTIFY IN HIS DEFENCE- NO REASON GIVEN OR SUGGESTED- WEIGHT TO BE ATTACHED TO THE ALIBI-
ALTERNATIVE CHARGES- CIRCSTANCES REQURING PREFERENCE OF ALTERNATIVE CHARGES
ALTERNATIVE CAHARGE- ACCUSED CAHARGED WITH CONSPIRANCY TO COMMIT ARMED ROBBERY AND WITH ARMED ROBBERY IN THE ALTERNATIVE- TRIAL COURT ENTERED CONVICTION ON BOTH THE MAIN CHARGE OF CONSPIRANCY AND ALTERNATIVE CHARGE OF ARMED ROBBERY- WHETEHR PROPER:
ALTERNATIVE COUNTS- CONVICTION ENTERED ON ONE COUNT- NO FINDING BE MADE ON ANOTHER- WHETEHR CHARGE WHICH IS NOT COGNATE AND MINOR CAN BE PREFERRED IN THE ALTERATIVE
AMENDMENT OF CHARGE- TRIAL COURT AMENDS THE CHARGE SILENTLY- ACCUSED NOT CALLED UPON TO PLEAD TO THE AMENDED CHARGE- WHETEHR PROPER
AMENDMENT OF CHARGE SHEET–CHARGE DEFECTIVEE IN FORM AND SUBSTANCE PROCEDURE TO BE FOLLOWED BY A TRAIL MAGISTRATE IN AMENDING THE CHARGE- AN ACCUSED MUST BE CALLED UPON TO PLEAD ON PROPER FRAMED CHARGE AND MUST BE MADE AWARE OF THE AMENDMENTS AS HE RETAINS THE RIGHT TO CAALL WITNESSES -SECTION 234 OF THE CPA
AMENDMENT OF CHARGE- DUTY ON THE PART OF THE PROSCUTON TO FILE A CHARGE CORRECTLY- PROCEDURE TO BE FOLLLOWED WHERE THE EVIDENCE IS AT VARIANCE WITH THE CHARGE
AMENDMENT OF CHARGE-CIRCUSTANCES UNDER WHICH A CHARGE MAY BE AMENDED =COURT ORDERS JOINDER OF AN ADDITIONAL PERSON- SECTION 234(1) OF THE CPA
A CAUTIONED STATEMENT RECORDED BY THE POLICE OFFICER IN THE PRESENCE OF ANOTHER POLICE OFFICER OR OTHER PLOICE OFFICERS IS INADIMMISIBLE BY THE COURT
ASSESSMENT OF CREDIBILITY OF WITNESSES
ABILITY TO NAME THE SUSPECT AT THE EARLIEST OPPORTUNITY
A VERDICT MUST BE MADE IN CLEAR TERMS
ACQUITTAL AND WITHDRAWAL
AMENDMENT OF CHARGE , CURABLE DEFECTS, ALIBI, VISUAL ID, ID PARADE
APPLICATION FOR EXTENSION OF TIME
AN OMMISSION IN THE CHARGE MAY BE CURED THE PARTICULARS OF THE CHARGE OR EVIDENCE ON RECORD
A CAUTIONED STATEMENT RECORDED BY THE POLICE OFFICER IN THE PRESENCE OF ANOTHER POLICE OFFICER OR OTHER PLOICE OFFICERS IS INADIMMISIBLE
A Clinical Officer Is a Qualified Medical Practitioner, Defence Case Must Be Considered, Best Evidence of Sexual Offence, Credibility of Witnesses
A CONFESSION OR CAUTIONED STATEMENT WILL BE PRESUMED TO HAVE BEEN VOLUNTARILY MADE UNTIL OBJECTION TO IT IS MADE
A CONVICTION FOR ARMED ROBBERY MAY BE ENETERED ON A CHARGE OF ROBEBERY SECTION 285 AND 286 OF THE PENAL CODE
A DECISION OF THE COURT MUST BE INFORMED BY EVIDENCE AND THE APPLICABLE LAW
A DOCUMENT MUST BE READ OUT AFTER ITS ADMISSION
A PROSECUTOR CANNOT TENDER EXHIBITS
A retrial may be ordered only when the original trial was illegal or defective
A SECOND APPELLATE COURT CANNOT INTEREFERE WITH THE CONCURRENT FINDINGS OF THE TWO COURTS BELOW EXCEPT FOR COMPELLING REASONS
A SECOND APPELLATE COURT CANNOT INTERFERE WITH THE CONCURRENT FINDINGS OF THE TWO COURTS BELOW EXCEPT FOR COMPELLING REASONS
A TRIAL WITHIN A TRIAL-PROCEDURE AT A TRIAL WITH ASSESSORS
A Witness with Interest to Serve, Variance Between the Charge and Evidence, Re-Evaluation of Evidence by the Second Appellate Court
Ability of A Witness to Name a Suspect, The Defence of Alibi, Best Evidence in Rape
Ability of a Witness to Name a Suspect, Visual Identification Evidence, How and for What Reason the Accused Person is Arrested
ABSENCE OF THE CERTIFICATE OF SEIZURE-EMERGENCE SEARCH
ACCUSED CANNOT BE CONVICTED BASED I ON WIKNESS OF EVIDENCE BY PROSECUTION
Accused Must Make the Theme of His Defence, Rape Between Married People, Remote Possibilities in Favour of the Accused Cannot Benefit Him
Accused Person Must Plead to the Substituted Charge and Be Informed of His Right to Recall Witnesses, Retrial Principles
ADMISSION OF STATEMENTS OF APPELLANTS ON APPEAL WITHOUT HEARING THEM
AN ACCUSED CANNOT BE CONVICTED ON THE WEAKNESS OF THE DEFENCE
AN ACCUSED PERSON MUST INDICATE THE THEME OF HIS DEFENCE
An Accused Person Must Plead to The Amended Charge, Failure to Do So is Fatal, Retrial Principles
AN ACCUSED PERSON WHO CONFESSES TO A CRIME IS THE BEST WITNESS
AN APPLICATION FOR FORFEITURE ORDER-THE MANNER IN WHICH INTERESTED PARTIES MAY PURSUE REMEDIES IN APPLICATIONS FOR FORFEITURE
ANALYIS OF SMAPLE BY GOVEREMENT CHEMIST AS SOON AS PRACTICABL, WHETHER ONE MONTH AND A HALF IS A REASONABLE TIME OF DELAY
ANY FACT OR DOCUMENT OMMITTED OR AGREED DURING PRELIMINARY HEARING SHALL BE DEEMED TO HAVE DULY PROVED (1)
APPEAL AGAINST A CONVICTION BASED ON A PLEA OF GUILTY
APPEAL AGAINST A DECISION TO SUMMARY DISMIS AN APPEAL, OPTIONS OPEN TO THE SECOND APPELLATE COURT
APPEAL BY THE DIRECTOR OF PUBLIC PROSECUTION
APPEAL LODGED AFTER CONVICTION BUT BEFORE SENTENCE IS PASSED, APPEAL PREMATURE
APPEAL TO THE HIGH COURT FILED OUT OF THE PRESCRIBED LIMITATION PERIOD’
APPEALS BY THE DIRECTOR OF PUBLIC PROSECUTIONS, NOTICE OF APPEAL FILED BY THE REGIONAL CRIME OFFICER
Appeals from the Subordinate Courts to the High Court in Criminal Matters, The Right to Be Heard, Conviction in Absentia
APPEALS TO THE HIGH COURT-AUTOMATIC EXCLUSION OF TIME REQUSITE FOR OBTAINING A COPY OF THE PROCEEDINGS, JUDGEMENT OR ORDER APPEALED AGAINST
APPELANTS HAD A COMMON INTENTION OF ASSAUTING THE DECEASED BUT SENTENCED DIFFERENLY
APPELANTS WAS A LAST PERSON TO BE SEEN WITH THE DECEASED
APPELLANT CONDEMNED TO A SENTENCE HIGHER THAN THE LAW PROVIDED WHEN THE OFFENCE WAS COMMITTED, SENTENCE IMPOSED IS UNLAWFUL
APPELLANT CONVICTED IN OWN PLEA OF GUILTY OF MANSALUGHER WHILE THE FACTS NARRATED REVELED ACCIDENTAL KILLING, WHETHER THE APPELLANT WAS PROPERLY CONVICTED
APPELLANTS CONVICTED OF MURDER AND MANSLAUGTERS
APPELLANTS PRESENT AT THE SCENE OF THE KILING
APPLICATION FOR REVIEW OUT OF TIME CIRCUSTANCES RELIED UPON NOT DISCLOSED
APPLICATION FOR REVIEW TO THE COURT OF APPEAL, PERIOD OF LIMITATION FOR SUCH APPLICATION
APPLICATION OF LAW OF LIMITATION IN THE COURT OF APPEAL
APPROPRIATE SENTENCE TO IMPOSED FOR ACCUSED OF 16 YEARS
Arrested Person to Be Taken to Court Within 24 Hours, Circumstantial Evidence, The Offence of Rape and Incest by Male
B
BAIL IS CONSTITUTIONAL RIGHT-FAILURE TO GRANT BAIL AMOUNTS TO VIOLATION OF RIGHT TO BE HEARD-VIOLATION OF RIGHT TO BE HEARD RENDERS THE PROCEEDINGS AND JUDGEMENT TO BE NULLITY
BAIL=CIRCUMSTANCES TO BE CONSIDERED WHEN GRANTING BAIL
BAIL=VARIATION OF THE BAIL CONDITIONS
Bail by subordinate Court which has been granted certificate of jurisdiction, Economic offence
BAIL FOR AN ACCUSED PERSON CHARGED WITH MURDER, APPLICANT OR ACCUSED PERSON A YOUNG PERSON, WHETHER BAIL MAY BE GRANTED SECTION 148(5) OF THE CPA
BAIL IN ECONOMIC OFFENCES WHERE THE VALUE OF THE PROPERTY INVOLVED IS UNCERTAIN AND THE CASE IS AT THE PRELIMINARY INQUIRY STAGE
BEFORE CHARGING A PRISONER, A POLICE OFFICER MUST HAVE AN HONEST BELIEF IN THE GULITY OF THE ACCUSED
BENEFIT OF DOUBTS -DOUBTS WHERE PRESENT BENEFIT THE ACCUSED PERSON
BEST EVIDENCE SEXUAL OFFENCES
Better Ten Guilty Persons Escape Than One Innocent Man Convicted, Easy to Allege Rape but Hard to Prove, Suspicion However Strong
BIAS, ALLEGATIONS OF BIAS AGAINST A JUDGE SUCH ALLEGATIONS NOT TO BE TAKEN LIGHTLY
Both the Accused Person and the Victim of Rape are Infected with Sexual Transmitted Diseases, Medical Evidence, Oral Confession, Expunged Evidence,
BRIBING IN ORDER TO FACILITATE PORT CLEARANCE OF A CONTAINER OF DANGEROUS DEUGS, WHETHER OFFENCE OF LEADING ORGANIZED CRIME ESTABLISHED
Broken Chain of Custody
BAILCONSTITUTIONL LAW- RIGHT TO BAIL- WHETHER DENIAL OF BAIL UNDER SECTION 148(5) (a) OF THE CPA VIOLATES ARTICLE 15(2) (a) OF THE CONSTITUTION-WHETHER DENIAL OF BAIL UNDER SECTION 148(5) (a) OF THE CPA IS SAVED BY ARTICLE 30(2) OF THE CONSTITUTION
BAIL-CONSTITUTIONA; LAW- RIGHT TO BAIL- DENIAL OF BAIL-WHETHER DENIAL OF BAIL AMOUNTS TO TREATING AN ACCUSED PERSON LIKE A CONVICTED PERSON AND THUS UNCONSTITUTIONAL- SECTION 35(3)(g) OF THE ECONOMIC AND ORGANIZED CRIME CONTROL ACT
BAIL- DENIAL OF BAIL IN CRIMINAL TRIALS- CONSTITUTIONAL LAW- WHETHER DENIAL IS VIOLATIVE OF THE CONSTITUTIONAL PRESUMPTION OF INNOCENCE, THE RIGHT TO EQUALITY BEFORE THE LAW AND DOCTRINE OF SEPARATION OF POWERS-SECTION 148(5)(e) OF THE CPA AND ARTICLE 13(6) OF THE CONSTITUTION
BAIL-BAIL IS A RIGHT, NOT A PRIVILEGE TO AN ACCUSED PERSON- BAIL NOT TO BE REFUSED AS A FORM OF PUNISHMENT- RATIONALE FOR THE PRINCIPLE- FACTORS TO BE CONSIDERED IN REFUSING BAIL- TRIAL MAGISTRATE TAKING INTO CONSIDERATION EXTRANEOUS FACTORS IN REFUSING BAIL- WHETHER PROPER
BAIL-CONSTITUTIONAL LAW- D.P.P’S CERTIFICATE OBJECTING TO BAIL UNDER SECTION 148(4) OF THE CPA, OBJECTING GRANT OF BAIL IN COURT- WHETHER IT DENIES THE ACCUSED THE RIGHT TO BE HEARD ON MATTERS OF BAIL IN COURT- WHETHER IT DENIES THE ACCUSED THE RIGHT TO BE HEARD ON MATTERS OF BAIL- WHETHER IT PREMATURELY TREATS THE ACCUSED PERSON AS CONVICT- ARTICLES 13(6), 30(2) AND 31 OF THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA 1977
BAIL- CONSTITUTIONAL LAW- DPP’S CERTIFICATE OBJECTING TO BAIL UNDER SECTION 36(2) OF THE ECONOMIC AND ORGANIZED CRIMES ACT AS OPPOSED TO SIMILAR CERTFICATE UNDER SECTION 148(4) OF THE CPA-WHETHER IN VIEW OF THE DECISION OF THE COURT OF APPEAL IN ATTORNEY GENERAL VS JEREMIA MTOBESYA SECTION 36(2) IS UNCONSTITUTIONAL
BAIL-APPLICATION FOR BAIL- NO OBJECTION BY THE PROSECUTION-WHETHER A DETERMINING FACTOR FOR GRANT OF BAIL
BAIL-RIGHT TO BAIL- STTUTORY PROVISION TAKING AWAY THE RIGHT TO BAIL FROM A PERSON CHARGED WITH MURDER- THE CONSTITUTIONALITY OR OTHERWISE OF SECTION 148(5)(a) OF THE CPA-WHETHER A SUBORDINATE COURT MAY ENTERTAIN IT
BAIL-RIGHT TO BAIL- PRESUMPTION OF INNOCENCE-GRANT OF ABIL TO THE ACCUSED PERSON WHO ISA FOREIGNER- WHETHER COURT SHOULD CONSIDER ADDITIONAL FACTORS-TEST TO BE APPLIED IN GRANTING BAIL
BAIL- DEFINITION OF ABIL- BAILLABLE AND NON BAILABLE OFFENCE- LAW RESTRICTING GRNAT OF BAIL- RESTRICTION OF BAIL IN ILLICIT TRAFFICKING IN DRUGS AND POSSESSION OF DRUGS CONSTRUED- SECTION 148(5) OF THE THE CPA AND SECTION 27(1) OF THE DRUGS AND PREVENTION OF ILLICIT TRAFFICKING IN DRUGS ACT CAP 95 (R.E 2002)-GRANT OF BAIL AT COMMITAL PROCEEDINGS IN CASES TRIABLE BY THE HIGH COURT- SOLE PROVINCE OF A SUBORDINATE COURT- CIRCUSTANCES WHERE THE HIGH COURT CAN INTERVENE
BAIL-JURISDICTION RELATING TO BAIL- ECONOMIC OFFENCES- ECONOMIC CRIMES REGISTRY OF THE HIGH COURT- WHETHER IT STILL EXISTS- BAIL APPLICATION FILED IN THE ORDINARY CRIMINAL REGISTRY OF THE HIGH COURT UNDER SECTION SECTION 29(4) (d) OF THE ECONOMIC AND ORGANIZED CRIMES CONTROL ACT CAP 200 IN RESPECT OF OFFENCES FAILING UNDER THE JURISDICTION OF THE CORRUPTION AND ECONOMIC CRIMES FAILING UNDER THE JURISDICTION OF THE CORRUPTION AND ECONOMIC CRIMES DIVISION OF THE HIGH COURT- WHETHER SUCH REGISTRY HAS JURISDICTION TO ENTERTAIN THE APPLICATION
BAIL- JURISDICTION RELATING TO BAIL- EECONOMIC OFFENCES- BAIL APPLICATION FILED UNDER SECTION 29(4) (d) OF THE ECONOMIC AND ORGANIZED CRIMES DIVISION OF THE HIGH COURT HHAS JURISDICTION TO ENTERTAIN- PURPOSE INTERPRETATION APPLIED
BAIL-JURISDCITION RELATING TO BAIL- ECONOMIC OFFENCES- BAIL APPLICATION- BAIL APPLICATION FILED UNDER SECTION 29(4) (d) OF THE ECONOMIC CRIMES DIVISION OF THE HIGH COURT HAS JURISDICTION TO ENTERTAIN
BAIL-GROUNDS FOR DENYING BAIL IN BAILABLE OFFENCE MUST BE SUPPORTED BY EVIDENCE AND NOT MERE SUBMISSIONS
BAIL IN EXTRADICTIONS CASES- PRESUMPTION AGAIST BAIL- THE PRINCIPLE OF “SPECIAL CIRCUSTANCES
BAIL- TESTS IN DETERMINING WHETHER OR NOT TO GRANT BAIL- REFUSING TO GRANT BAIL ON THE GROUNDS THAT THE OFFENCE FALLS UNDER THE MINIMUM SENTENCES ACT-WHETHER PROPER- THE PRIMARY OBJECT OF REMANDING AN ACCUSED IN CUSTODY IS THE MAIN AND MOST IMPORTANT CONSIDERATION FOR GRANTING OR REFUSING BAIL PENDING TRIAL
BAIL- PRINCIPLES TO BE CONSIDERED IN GRANTING BAIL- RIGHT TOBAIL AND PRESUMPTION OF INNONCENCE CONSTRUED
BAIL- VALUE OF DRUGS AS CERTFIED BY THE COMMISIONER FOR DRUGS CONTROL AS DETERMINING FACTOR IN GRANTING BAIL- WHETHER THE COMMISIONER IS ENJOINED TO PROVE HOW HE ARRIEVED SUCH VALUE-THE USE OF WORD “PPIS”INSTEAD OF DRUGS CONSTRUED
BAIL APPLICATION- APPLICATION TO THE HIGH COURT AFTER DISTRICT COURT REFUSED TO GRANT BAIL- WHETHER PROCEDURE PROPER
BAIL- CANCELLATION OF BAIL CONDITIONS FOR SMELLING OF ALCOHOL- WITNESS REMANDED IN COURT CUSTODY- EXAMPLE OF UNJUST USE OF MAGISTERIAL POWERS
BAIL – CANCELLATION OF BAIL- COURT GRANTS BAIL AND SUBSEQUENTLY CANCELS IT WITHOUT GIVING REASONS FOR ANCELLATION- WHETEHR PROPER
BAIL- SURETY FAILING TO PRODUCE ACCUSED IN COURT- WHAT THE COURT SHOULD DP
BAIL-FORFEITURE OF BAIL BOND- TRIAL COURT ORDERING FORFEITURE OF BAIL BOND WITHOUT FIRST ACERTAINING GUINENESS OF THE REASONS GIVEN FOR THE FAILURE OF THE ACCUSED TO ATTEND COURT- WHETEHR PROPER
BAIL- SURETY- BAIL BOND- CIRCUSTANCES JUSTIFYING FORFEITURE
BAIL- CONDITIONS FOR BAIL- VARIATION OF ORDERS FOR BAIL- REQUIREMENT TO REPORT REGULARLY AT THE POLICE STATION IN ADDITION TO CASH BONDS- WHETEHR PROPER- COURT POWER TO VARY ORDERS FOR BAIL- GROUNDS FOR VARIATION- INDEPENDENCE OF THE JUDICIARY- EXECUTIVE INFERENCE WITH COURT’S POWER TO GRANT BAIL- WHETEHR LAWFUL: SECTION 127 OF THE Cr. Pr. Code
BAIL PENDEING APPEAL- PRINCIPLES APPLICABLE- SECTION 368(1) (a) (i) OF THE CPA
BAIL PENDING APPEAL- THE TEST TO BE APPLIED IN GRANTING BAIL PENDEING APPEAL-
BAIL PENDEING APPEAL-WHETEHR ILLNESS OF THE CONVICT MAY BE A GROUND FOR GRANTING BAIL PENDEING HEARING OF THE APPEAL
BAIL PENDEING APPEAL- CIRCUSTANCES UNDER WHICH A CONVIICT MAY BE RELASED ON BAIL PENDING HEARING AND DTERMINATION OF HIS APPEAL
BIAS- ALLEGATIONS OF BIAS AGAINST A JUDGE- SUCH ALLEGATIONS NOT BE TAKEN LIGHTLY
BIAS-TRIAL MAGISTRATE DENIED THE APPELLANT BAIL ON TWO CONSECUTIVE DAYS DESPITE THE FACT THAT THE OFFENCE WAS BAILABLE AND THE APPELLANT HAD SURETIES WHO WERE READY TO PUT BAIL FOR HIM- WHETHER THE ACT SHOWSTHE MAGISTRATE WAS BIASED
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Court convicted accused of conspiracy and participation in terrorist meetings but acquitted them of recruitment and financing counts.
Chain of custody – necessity of unbroken, documented handover and credible witnesses; Seizure procedure –
Court granted ex-parte restraining order over house alleged to be proceeds of drug trafficking.-Proceeds of Crime Act (POCA) – ex-parte restraining orders under s.38; * Drug trafficking – confirmation by Government Chemist (684.32 kg cannabis) as basis for ‘serious offence’; * Tainted property – acquisition shortly before/after alleged offence and sale agreement as evidence; * Relief – restraining order preventing disposal and prohibiting local authorities from authorizing transfers pending further action.
Conviction for trafficking upheld: emergency search lawful, analyst confirmed 202kg cannabis; mandatory life sentence imposed.
Conviction for drug trafficking upheld where prosecution proved lawful seizure, chain of custody, and possession; co-accused acquitted.-
Court granted POCA restraint orders over assets suspected to be proceeds of T-Pesa fraud, authorising sale of perishable stock.-Proceeds of Crime Act — restraint orders under ss.44–45; requirements: reasonable grounds and tainted property. * Serious offences — economic/organized crime and sentencing context. * Preservation of assets — power to restrain banks and land registries from transfers. * Disposal of perishable/depreciable stock — s.44(7)(a) authorises sale and deposit of proceeds into interim management account. * Interim management — use of Bank of Tanzania NPS Restrained Asset Interim Management Account
Chemist confirmed heroin but prosecution failed to prove the accused’s possession or control beyond reasonable doubt, resulting in acquittal.-Drug trafficking – possession as element of trafficking – distinction between actual and constructive possession – requirement of knowledge and control. * Evidentiary proof – chemical analysis confirming heroin and statutory weight element. * Chain of custody – importance, sealing, storage and receipt by Government Chemist; unbroken chain established. * Criminal burden – prosecution must prove guilt beyond reasonable doubt; mere presence insufficient to establish possession; reasonable doubt leads to acquittal.
CASE TRIED BY PRIMARY COURT- APPEAL PREFFERED BY A CONVICTED PERSON- WHETHER THE D.P.P MAY BE JOINED ON AN APPEAL AS RESPONDENT
CONVICTION- SUBSTITUTION OF CONVICTION- CHARGE OF ROBBERY WITH VIOLENCE BUT EVIDENCE SUPPORTS ASSAULT OCCASSIONING BODILY HARM AND NOTHEFT- POWER OF COURT TO SUBSTITUTE CONVICTION FOR LESSER OFFENCE
CONTENT OF JUDGEMENT- ANALYSIS OF EVIDENCE- FAILURE TO PROPERLY ANAYSE EVIDENCE- CONSEQUENCE THEREOF
CONTENT OF JUDGEMENT- CONVICTION NOT ENTERED – WHETHER A PRINCIPLE OF EQUITY MAY BE INVOKED TO ENTETAIN APPEAL ON MERITS INSTEAD OF REMITTING THE CASE FILE TO LOWER COURT FOR IT TO ENTER A CONVICTION
CONTENT OF JUDGEMENT- CONVICTION NOT ENTERED- EFFECT THEREOF
CHANGE OF MAGISTRATE- MAGISTRATE WITHDREW/DISQUALIFIED HIMSELF FROM HEARING THE CASE- WHETHER THE SAME MAGISTRATE MAY CONTINUE TO HEAR THE SAME CASE
CHANGE OF JUDGE-POWER TO CHANGE A TRIAL JUDGE- WHETHER TH CHIEF JUSTICE CAN TRANSFER A PARTY HEARD CASE FROM ONE JUDGE TO ANOTHER-SECTION 13 OF THE ZANZIBAR HIGH COURT ACT NO. 2 OF 1985
CHANGE OF TRIAL JUDGE/MAGISTRATE-DUTY OF SUCESSOR JUDGE/ MAGISTRATE-SECTION 299(1) OF THE CPA
Chain of custody, inventorying (DCEA Form No.006/PF16), sample submission (DCEA 001) and destruction compliance under s.36 DCEA and Reg.14 GN.173/2016
CHANGE OF MAGISTRATE- FIRST MAGISTRATEHEARING WHOLE PROSECUTION AND PART OF DEFENCE CASE- SECOND MAGISTRATE CONTINUING WITH CASE TO THE END-ACCUSED NOT INFORMED BY THE SECOND MAGISTRATE OF RIGHT TO RE- SUMMON AND RE- HEAR WITNESS-WHETHER DEFECT CURABLE
CHANGE OF MAGISTRATE- NECESSARY FOR REASONS TO BE GIVEN-WHETHER NECESSARY EVEN FOR PURPOSES OF PASSING SENTENCE
CROSS-EXAMINATION-RIGHT TO CROSS-EXAMINE A WITNESS WHEN GIVING HIS TESTIMONY- EFFECT OF FAILURE TO EXECISE SUCH RIGHT
CROSS EXAMINATION- RIGHT OF THE ACCUSED TO BE ACCORDED AN OPPORTUNITY TO CROSS -EXAMINE A WITNESS-SECTION 290 OF THE CRIMINAL PROCEDURE CODE
CROSS EXAMINATION BY CO-AACUSED- NEED TO GIVE CO-AACUSED AN OPPORTUNITY TO CROSS -EXAMINE CO-ACCUSED-RATIONALE THEREFOR
CROSS-EXAMINATION-TESTIMONY BY ACCUSED PERSON- ACCUSED PERSON REFUSING TO ANSWER QUESTION- WHETEHR ACCUSED PERSON WHO OPTS TO TESTIFY MAY REFUSE TO ANSWER QUESTION
CROSS-EXAMINATION= A CHILD OF 8 YEARS NOT CROSS EXAMINED-WHETHER UNSWORN EVIDENCE OF SUCH CHILD CAN BE CROSS-EXAMINED
CALLING AND RECALLING FOR ADDITIONAL EVIDENCE ON APPEAL – NOT TO BE USED FOR FILLING GAPS
CALLING OF WITNESS- ACCUSED DENIED THE OPPORTUNITY TO CALL A DEFENCE WITNESS-INTENDED WITNESS NOT PRESENT A SCENE OF CRIME- WHETHER AMOUNTED TO FAILURE OF JUSTICE; SECTION 206 OF THE CRIMINAL PROCEDURE CODE
CALL AND RECALL OF WITNESSES-WHETHER DEFENCE MAY CALL AS THEIR OWN WITNESS ONE WHO HAS ALREADY BEEN CALLED TESTIFIED FOR PROSECUTION
“CONVICTION ON PLEA OF GULITY- APPELLANT CONVICTED ON OWN OF GULITY TO A MANSLAUGHER CHARGES WHILE THE FACTS NARRATED REVELED ACCIDENTAL KILLING-WHETEHR THE APPEALLANT WAS PROPERLY CONVICTED
PLEA-PLEA OF GULITY- STATMENT OF FACTS NOT DISCLOSING THE OFFENCE CHARGED, BUT ACCIDENTAL KILLING-WHETHER THE COURT MUST CONVICT- SECTION 10 OF THE PENAL CODE
CHARGE AND INFORMATION-FAILURE TO DRAW AND FILE INFORMATION IN THE HIGH COURT AFTER COMMITTAL ORDER BY SUBORDINATE COURT- ACCUSED PERSONS CONVICTED OF MANSLAUGHTER ON THEIR OWN PLEA OF GUILTY ON A CHARGE OF MURDER DRAWN UP FOR PRELIMINARY INQUIRY -WHETHER IRREGULARITY CURABLE BY THE APPLICATION OF SECTION 346 OF Cr. Pr. Code
COMMITAL PROCEEDINGS- JURISDICTION-BAIL-JURISDICTION OF SUBORDINATE COURTS TO GRANT BAIL DURING CMMITTAL PROCEEDINGS- WHETHER THE HIGH COURT HAS POWER TO GRANT BAIL PENDING COMMITTAL PROCEEDINGS
CHARGE-AMENDEMENT AND SUBSTITUTION OF CHARGE- CHARGE SUSBSTITUTUTED AT THE CLOSURE OF THE PROSECUTION CASE- ACCUSED NOT GIVEN THE OPTION OF RECALLING PREVIOUS WITNESESS AND CROSS EXAMINING THEM- WHETEHR THE PROCEDURE WAS PROPER- EFFECT THEREOF
CHARGE- SERIES OF ACTS CONSTITUTUING A SERIES OF SAME OFFENCE- CIRCUSTANCES SUCH THAT THE COMMITTING OF THE OFFENCES FORMS A SINGLE TRASACTION- ONE COUNT
CONOLIDATION OF TRIAL- WHETHER INDIVIDUALS WHO ARE CHARGED ON SEPARATE CHARGE SHEETS CAN HAVE THEIR CONSOLIDATED AND TRIED TOGETHER
FRAMING OF CHARGE- RAPE ALLEGEDLY COMMITTED AGAINST TWO GIRLS ON SEVERAL OCCASSIONS- HOW TO CHARGE- CHARGE SHHET SHOULD ALWAYS INDICATE THE DATE(S) ON WHICH THE ALLEGED OFFENCE WAS COMMITTED- FAILURE TO INDICATE THE TIME OF THE INCIDENT IN THE CHARGE SHEET GOES CONTRARY TO SECTION 132 OF THECPA
CRIMINAL PROSECUTIONS- POWER TO INSTITUTUTE AND PROSECUTE CRIMINAL PROCEEDINGS-WHETHER LABOUR OFFICERS MAY INSTITUTUTE AND PROSECUTE CRIMINAL PROCEEDINGS UNDER LABOUR LAWS- SECTION 8, 149(A) AND 154 OF THE EMPLOYMENT ORDINACE CAP 366
CRIMINAL PROSECUTIONS- VALIDITY OF CHARGE- SIGNING OF CHARGE- CHARGE SHEET SIGNED BY A STATE ATTORNEY WHO HAS NOT INDICATED THAT SHE IS A PUBLIC PROSECUTOR- WHETHER CHARGE PROPER
CRIMINAL PROSECUTIONS- PRIVATE PROSECUTIONS- PRINCIPLES GOVERNING PRIVATE PROSECUTIONS
CHARGE SHEET- VARIATION OF EVIDENCE WITH THE CHARGE SHEET- CHARGE IMPROPERLY AMENDED- MANNER IN WHICH A CHARGE CAN BE AMENDED TO REFLECT THE PROSECUTION EVIDENCE
CHARGES- AMENDMENT AND SUBSITUTUION OF CHARGE- ACCUSED INITIALLY CHARGE WITH ATTEMPTED MURDER- AMENDNED AND SUBSTITUTUTED WITH CAUSING GRIEVOUS HARM- ACCUSED NOT REQUIRED TO PLEAD TO NEW CHARGE-, NOR WAS HE GIVEN THE OPPORTUNITY OF RECALLING THE PROSECUTION WITNESSES FOR CROSS EXAMINATION-WHETEHR PROFER
CASE PARTY HEARD BY MAGISRATE- MAGISTRATE FINDS HE HAS NO JURISDICTION-ACCUSED COMMITTED TO THE HIGH COURT FOR TRIAL WITHOUT CONDUCTING A PRELIMINARY INQUIRY
COMMITTAL PROCEEDINGS-EXHIBITS NOT LISTED AS EXHIBITS DURING COMMITTAL PROCEEDINGS- WHETEHR THEY CAN BE PRODUCED AND ADMITTED DURING THE TRIAL -SECTION 246 (2) OD THE CPA
Chemist’s report and adequate chain of custody proved the accused’s trafficking; seeds excluded so second count fails.
COMMITTAL PROCEEDINGS- INCOMPLETE COMMITTAL PROCEEDINGS- LACK OF ORDER COMMITTING A CASE FOR TRIAL BEFORE THE HIGH COURT- EFFECT THEREOF
COMMITTAL PROCEEDINGS- SUBMSSION OF ACCUSED PERSON TO THE JURISDICTION OF THE HIGH COURT-COMMITTAL COURT ORDER NECESSARY- COMMITTAL PROCEEDINGS NOT SHOWING CLEARLY AND THE STATAMENTS OF PROPOSED PROSECUTION WITNESSES WEWRE READ OVER TO THE ACCUSED- WHETEHR NOT INDICATING CLEARLY TO HAVE COMPLIED WITH PRESCRIBED PROCEDURE IS FATAL- SECTION 178 AND 246(2) OF THE CPA
COMMITTAL PROCEEDINGS- STATAMENT OF WITNESSES OR SUBSTANCE OF EVIDENCE NOT READ AT COMMITTAL PROCEEDINGS- WHETEHR WITNESS CAN TESTIFY FOR PROSECUTION AT THE TRIAL- SECTION 298 OF THE CPA-WITNESS -NOTICE TO ACCUSED OR ADVOCATE OF INTENTION TO CALL WITNESS- CONTENTS OF SUCH NOTICE- SECTION 289(2) CPA
COMMITTAL PROCEEDINGS- STATEMENT OF THE WITNESS NOT READ AT A COMMITTAL PROCEEDINGS- WHETHER MAY BE ACCEPTED AT THE TRIAL- SECTION 289 OF THE CPA
COMMITTAL PROCEEDINGS-STATAMENT OF SOME PROSECUTON WITNESSES NOT READ OVER TO THE ACCUSED PERSON DURING COMMITTAL PROCEEDINGS- EFEECT THEREOF-SECTION 246(2) OF THE CPA
COMMITTAL PROCEDINGS- PROCEDURE IN THE CORUPTION AND ECONOMIC CRIMES DIVISION-PURPOSE OF READING THE EVIDENCE OF THE ACCUSED INCOMMITTAL PROCEDINGS- EXHIBITS WRONGLY NAMED DURING COMMITAL PROCEEDINGS-WHETEHR THEY CAN BE PRODUCED AND ADMITTED DURING THE TRIAL
CONFESSION MADE TO A WARD SECRETARY WHO WAS EXCRISING POWERS OF A POLICE OFFICER- CONFESSION TO OTHER PEOPLE- WHETHER STATEMENT ADMISSIBLE- THE TEST TO BE APPLIED IN DETERMINING ADMISSIBILITY OF CONFESSIONS- THE NEW DIMENSION UNDER SECTION 29 OF THE EVIDENCE ACT
CONFESSION TO A TEN CELL- LEADER- WHETHER A TEN- LEADER IS A PERSON WITH AUTHORITY- SECTION 27(3) OF THE EVIDENCE ACT
CONFESSION- WHETEHR A VILLAGE CHAIRMAN IS APERSON WITH AUTHORITY UPON WHICH A CONFESSSION MAY BE MADE-SECTION 27(3) OF THE EVIDENCE ACT
CONFESSION- WHETEHR A VILLAGE CHAIRMAN AND MEMBERS OF THE VILLAGE MILITIA CAN RECEIVE VOLUNTARY CONFESSIONS RECEIVABLE UNDER SECTION 27(1) OF THE EVIDENCE ACT
CAUTIONED STATEMENT- STATMENT READ OUT IN COURT BEFORE ITS ADMISSION-WHETEHRPROPER
CONFESSION- JUDGES RULES- STATEMENT OF ACCUSED BEFORE THE POLICE NOT CERTFIED BY THE ACCUSED- FAILURE TO COMPLY WITH JUDGES RULES- EFFECT OF NON-COMPLIANCE
CONFESSION-EXTRA-JUDICIAL STATAEMENT-STATUTORY TIME FOR RECORDING SHOULD BE MADE ÄS SOON AS PRACTICABLE”IN TERMS OF SECTION 32(2) OF THE CPA- ASSESSORS-FAILURE TO ADDRESS THE ASSESSORS ON EXTRA-JUDICIAL STATEMENT-EFFECT THEREOF
CONFESSION-FORMAT OF RECORDING CONFESSION/INTERVIEW UNDER SECTION 577 OF THE CPA
CONFESSION- RECORDING OF CONFESSION- LAW APPLICABLE- EFFECT OF FAILURE TO COMPLY WITH LAW
CAUTIONED STATEMENT- CAUTIONED STATEMENT AND RECORD OF INTERVIEW DISTINGUISHED-SECTION 57 AND 58 OF THE CPA
CAUTIONED STATAMENT- RECORDED UNDER UNFAVOURABLE CONDITIONS- PRECENCE OF A PERSON WHO AS STRANGER TO THE ACCUSED DURING RECORDING OF CAUTIONED STATMENET- EFFECT THEREOF- MODE OF TAKING CAUTIONED STATAMENET-QUESTION AND ANSWERS OR OTHERWISE- WHETEHR A CAUTIONED STATAMENT MAY BE MADE UNDER BOTH SECTION 57 AND SECRTION 58 OF THE CPA
CAUTIONED STATMENT- STATUTORY TIME FOR RECORDING CAUTIONED STATMENT-SECTION 50 AND 51 OF THE CPA
CAUTIONED STATMENT- STATUTORY TIME FOR RECORDING CAUTIONED STATMENT- CATIONED RECORDED SOME DAYS AFTER THEE ACCUSED’S ARREST- EFFECT THEREOF- SECTION 50 AND 51 OF THE CPA
CASE TRANSFER- ACCUSED CHARGED AT THE PRIMARY COURT, BUT ELECTS TO BE TRIED IN THE DISTRICT COURT- PRIMARY COURT MAGISTRATE REFUSES TO TRANFER THE CASE-WHETHER PROPER-SECTION 41(2) OF THE MAGISTRATES COURTS ACT
CASE TRANSFER-PROCEDURE AND GROUNDS FOR TRANSFERRING A CASE TO A MAGISTRATE OF ANOTHER DISTRICT
CASE TRANSFER-GROUNDS FOR TRANSFER -WHETHER THE FACT THAT THE TRIAL MAGISTRATE HAD PREVIOUSLY CONVICTED THE ACCUSED IN ANOTHER CASE CAN BE A GROUND FOR TRANSFERRING THE CASE TO ANOTHER MAGISTRATE- POSITION WHERE THE MAGISTTRATE SITS WITH ASSESSORS
CAUTION STATEMENTS, TRIAL WITHIN TRIAL, ASSESSORS
chain of custody – seizure, sealing, laboratory delivery and production in court. * Procedure – certificate of seizure signed by accused as an admission; duty to notify alibi under EOCCA. * Sentence – mandatory life imprisonment under Drug Control and Enforcement Act.
CAUTION STATEMENT
COMMENCEMENT OF CRIMINAL TRIAL BEFORE THE HIGH COURT
CONSQUENCES OF FAILURE TO INDICATE IN THE RECORD OF PROCEEDINGS THAT PLEA WAS ENTERED
CERTIFICATE ON A POINT OF LAW
CIRCUMSTANCE ON WHICH THE APPELLATE COURT CAN INTERFERE FINDINGS OF THE BELLOW COURTS
CONVICTION BASED ON THE DOCTRINE OF RECENT POSSESSION
CONVICTION BASED ON A REPUDIATED CONFESSION, DEPARTING FROM COUNSEL CONTENTIONS, MEANING OF SHALL
CONVICTION BASED ON IDENTIFICATION EVIDENCE OF A SINGLE WITNESS
CONVICTION BASED ON MOONLIGHT IDENTIFICATION, CHOICE OF WITNESS BY PROSECUTION
CONVICTION BASED ON MOONLIGHT IDENTIFICATION
CONVICTION BASED ON UNSWORN EVIDENCE OF A CHILD OF TENDER AGE
CONVICTION MAY BE BASED ON UNCOROBORATED EVIDENCE OF A CHILD OF TENDER AGE
CONVICTION MUST BE BASED ON EVIDENCE
COROBOROTIVE EVIDENCE MAY BE CIRCUMSTANTIAL
COURT CANT ADMIT NEW ASSERTION AT APPEAL
COURT IS NOT BOUND TO ACCEPT EXPERT OPINION
COURT WITH JURISDICTION TO GRANT BAIL IN COMMITAL PROCEEDING
CIRCUMSTANCES TO ESTABLISH MALICE AFORETHOUGHT-MOB JUSTICE
CRIMINAL JUSTICE ENTAILS RENDERING JUSTICE TO PARTIES-IT IS CRUCIAL TO THE STAKEHOLDERS TO HAVE A SENSE OF JUSTICE AND A SPIRIT OF COOPERTATION IN ORDER TO ENSURE THAT JUSTICE IS AVAILED
CANCELLATION OF BAIL
CASE ADJORNED FOR A PERIOD RUNNING BEYOND 60 DAYS
CAUSITIONED STATEMENT, CAUTIONED STATEMENT AND RECORD OF AN INTERVIEW DISTINGUISHED
CAUTIONED AND ESTRA-JUDICIAL STATEMEMNTS MADE AND ADMITTED BY ACCUSED MUST BE INCOPORATED, SECTION 192(3) OF THE CRIMINAL PROCEDURE ACT
Cautioned Statement Recorded in the Presence of Other Police Officers is Inadmissible, Doubts Shall Be Dissolved in Favour of the Accused Person
CAUTIONED STATEMENT SHOULD BE READ OVER TO THE ACCUSED AFTER IT HAS BEEN RECORDED AND AFFORD HIM A CHANCE TO MAKE CORRECTION IF ANY FAILURE TO DO SO IS FITAL
CAUTIONED STATEMENT, ADMISSIBILITY OF THE EVIDENCE, MAY BE ADMITTED IN EVIDENCE WHEN VOLUNTARY MADE
Chain of Custody, Contents of a Judgement, Search Warrant, Failure to Consider the Defence Evidence, DPP Consent, DPP Certificate,
Chain of Custody, Contradictions in Evidence
Chain of Custody, Sentence Where a Person is Convicted with an Offence Which is Provided Under the EOCCA and Other Written Law, Independent Witness,
CHAIN OF CUSTODY
CHARGE ALLEGING AN OFFENCE AGAINST A STATUTORY PROVISION THAT DOES NOT EXIST, PROCEEDINGS NULL AND VOID
CHARGE NOT DISCLOSING ANY OFFENCE, WHETHER PROPER TO PUT CHARGE TO THE ACCUSED, SECTION 129 OF THE CRIMINAL PROCEDURE ACT
CHARGE OF ARMED ROBBERY, USE OF A TOY IN COMMITTING THE OFFENCE
CHARGED PREFFERED UNDER REPEALED LAW
CHARGES OF STEALING BY SERVANT FOLLOWED BY BEING IN POSSESSION OF PROPERTY UNLAWFULLY ACQUIRED
CHARGES OF STEALING BY SERVANT
CHARGES, OFFENCE CAPABLE OF BEING COMMITTED IN ALTERNATIVE WAYS, PROPER WAY OF CHARGING
Circumstances to Prove Malice Aforethought,
CIRCUMSTANCES WHERE AN APPELLATE COURT CAN INTERFERE WITH THE DISCREATION OF THE INFERIOR COURT OR TRIBUNAL
Circumstantial Evidence, Failure to Tender Physical Object, List of Intended Exhibits, Lies of Accused, Last Person to Be Seen With the Deceased,
CIRCUSTANCE OF SUBMISSION OF NO CASE TO ANSWER
CIRCUSTANCES OF A CONVICTION OF PLEA OF GUILTY
CIRCUSTANCES UNDER WHICH AN APPELLATE COURT MAY INTERFERE WITH THE SENTENCE OF THE TRIAL
CONCURRENT FINDINGS OF FATS BY THE LOWER COURTS CANNOT BE INTENDERED -EXCEPTIONS-RATIONALE BEHIND
CONDITION OF ASSUANCE OF SERVICE OF THE RESPONDENT
Conditions for A Plea of Guilty to Be Valid for Purposes of Conviction Without Trial,
CONDITIONS FOR A PLEA OF GUILTY TO BE VALID FOR PURPOSES OF CONVICTION WITHOUT TRIAL
Conditions for determining the unequivocality of plea of guilty
Conditions for the Grant of Leave to Appeal, Court Should Refrain from Determining Substantive Issues,
CONDITIONS TO BE OBSERVED IN CONDUCTING AN IDENTIFICATION PARADE
CONSEQUENCE OF FAILURE TO PROPERLY SUM UP OF THE CASE TO ASSESSORS
CONSIDERATION OF GRANT OR REFUSAL OF BAIL IN EXTRADITION CASES
Chain of custody and forensic confirmation insufficient where ownership/control not established; * Reasonable doubt arising from custody period and potential third‑party access.
Constructive Possession, Definition of Trafficking, Chain of Custody, The Doctrine of Recent Possession, Effect of Signing the Certificate of Seizure
CONTENTS OF A JUDGEMENT
CONTENTS OF EVERY CHARGE OR INFORMATION
Contradictions in Evidence, Failure to Tender Physical Object, Failure to Call a Material Witness, Credibility of Witnesses
CONVICTION OF MURDER BASING ON VARARIANCE OF EVIDENCE
COURT GRANTS BAIL AND SUBSEQUENTLY CANCELS IT WITHOUT REASONS FOR THE CANCELLATION, WHETHER PROPER
COURT MAY DISMISS ON APPEAL SUMMARILY AFTER IT HAS ALLOWED THE PARTIES TO ARGUE MAY DISMISS ON APPEAL SUMMARILY AFTER IT HAS ALLOWED THE PARTIES TO ARGUE THE APPEAL ON MERIT
COURT ON A SECOND APPEAL MAY INTERFERE WITH CONCURRENT FINDINGS OF FACT BY THE COURTS BELOW
CREDIBILITY OF WITNESSES
Cruel Sentences Should Not Be Imposed to Persons of or Below of 18 Years, Confession, At Any Stage a Defective Charge Can Be Amended,
CURRENTLY IT IS NOT MANDATORY TO CONDUCT A CRIMINAL TRIAL WITH AID OF ASSESSORS
CHARGE- CONVICTION ON CHARGE DRAWN UNDER REPEALED LAW- CIRCUSTANCES UNDER WHICH IT IS CURABLE- WHEN CAN IT BE FATAL
CHARGE OF ARMED ROBBERY- APPELLANT CONVICTED OF ATTEMPTED ROBBERY- EVIDENCE ESTABLISHES THE FULL OFFENCE OF ARMED ROBBERY- CHARGE MADE UNDER SECTION 285 AND 286 OF THE PENAL CODE -SECTION 287 OF THE PENAL CODE NOT CITED -WHETHER THE OMMISSION CAUSED ANY INJUSTICE TO THE APPELLANTS- WHETHER THE IRREGULARITY IS CURABLE UNDER SECTION 388 OF THE CPA
chain of custody for seized exhibits – importance of consistent documentation and witness accounts
CHARGES-DEFECTIVE CHARGES-FALSE PRETENCES- NO PARTICULARS OF FALSE PRETENCES- ACCUSED AWARE OF PARTICULARS IN THE COURSE OF TRIAL- NO PREJUDICE OR INJUSTICE SUFFERED-DEFECT CURABLE- SECTION 316 OF CPA
CONTENT OF JUDGEMENT- IN THE TRIAL CONDUCTED BY THE HIGH COURT WHEN THE ACCUSED PLEADS GUILTY, THE WORDS ‘”HE MAY BE CONVICTED THEREON”UNDER SECTION 282 OF THE CPA – WHETHER LEFT A LEEWAY TO THE TRIAL JUDGE TO DEAL WITH THE SITUATION IN THE WAY IT DEEMS CONVENIENT
CORAM-APPEAL HEARD BY A PANEL OF THREE JUSTICE OF APPEAL- ONE OF THEM DIES BEFORE COMPOSITION AND SIGNING OF JUDGEMENT- WHAT SGOULD THE COURT DO
CONSOLIDATION OF APPEALS- GROUNDS UPON WHICH APPEALS MAY BE CONSOLIDATED-D.P.P AND ACCUSED LODGE SEPARATE APPEALS TO THE COURT OF APPEAL- ACCUSED NOT A PARTY TO THE D.P.P’S APPEAL- WHETHER THE TWO APPEALS MAY BE CONSOLIDATED- ADJOUNMENT- NEED FOR CONSOLIDATION AS GOOD CAUSE FOR GRANTING ADJOURNMENT
CONTEMPT OF COURT-PURPOSE AND PROCEDURE- FAILURE BY POLICE OFFICER TO OBEY COURT TO RETURN SEIZED VEHICLE TO OWNER
Citation of an incorrect committal provision is curable where substantive compliance with CECD Rules occurred.
Chain of custody – documentation and custody transfers to establish integrity of exhibit.
Committal proceedings — Whether mis‑citation of Criminal Procedure Act s.246 instead of CECD Rules r.8 renders committal void — Curable irregularity. * Statutory interpretation — EOCCA s.28 and s.30 read with CECD Rules r.8. * Criminal Procedure — Section 4A (amendment) — courts may cure procedural defects to uphold substantive justice. * Remedy — Nullification and recommittal unnecessary where substantive compliance achieved.
CONTEMPT OF COURT- MAGISTRATE CONVICTS ACCUSED PERSON OF CONTEMPT OF COURT IN A SUMMARY PROCEEDING WITHOUT DAFTING A CHARGE- WHETEHR FAILURE TO DO SO OCCASIONED A FAILURE OF JUSTICE
Court granted ex-parte restraining order preventing disposal of allegedly tainted properties pending appeal under POCA and DCEA.
CONTEMPT OF COURT- FAILURE OF MAGISTRATE TO FOLOW LAID DOWN PROCEDURES- ACCUSED CONDEMNED UNHEARD – INCURABLE IRREGULARITY
COURT MARTIAL- QUALIFICATIONS OF THE PRESIDENT OF A STANDING COURT- MARTIAL -PRESIDENT NEITHER AN ADVOCATE NOR CAPTAIN OR HIGHER RANT- SECTION 104(1) OF THE NATIONALDEFENCE ACT AND DEFENCE FORCES REGULATIONS G.N 258 OF 1967
Cautioned statement excluded where not proved to be made by accused and recorded outside DCEA time limits.
COURT MARTIAL APPEALS- WHETEHR THE COURT APPEALS COURT IS THE HIGH COURT CONTEMPLATED UNDER SECTION 4(3) OFTHE APPELLATE JURISDICTION ACT- WHETHER THE COURT OF APPEAL MAY REVISE THE DECISN OF THE COURT MARTIAL APPEALS COURT
COURT MARTIAL APPEALS- LAW AND PROCEDURE GOVERNING THE INSTITUTION OF COURT MARTIAL APPEALS-
D
| Drug identity and custody proved, but inconsistencies and omissions left reasonable doubt, resulting in acquittal.* Criminal procedure – emergency search powers – section 42 CPA – seizure at accident scene. * Evidence – expert analysis – GCLA report conclusive under Drugs Act. * Evidence – chain of custody – oral and documentary proof acceptable where credible. * Drugs law – statutory requirements for inventory and destruction under section 36 DCEA and Regulation 14; right of accused to be heard. * Standard of proof – inconsistencies and failure to call material witness created reasonable doubt, warranting acquittal. |
Drug offences – Trafficking in cannabis sativa – Emergency search and seizure exceptions under CPA – Use of police officer as witness in uninhabited area – Government Chemist analyst report conclusive under DCE Act – Compliance with statutory disposal procedures and chain of custody – Mandatory life sentence under DCE Act.
Drug trafficking – Trafficking in narcotic drugs – Search and seizure procedures – Importance of independent witness.
Discrepancies in location and identification led to the acquittal in a narcotic drugs trafficking case
Defendant convicted of trafficking after lawful search, intact chain of custody, and mandatory life sentence under DCE Act.-Criminal law – Drug trafficking – definition and elements (possession, storing, conveyance); admissibility and conclusiveness of Government Chemist’s report (DCE Act); search and seizure requirements and independent witness (Criminal Procedure Act); chain of custody principles for exhibits; procedural requirements and notice for alibi (EOCCA); mandatory sentencing for trafficking (DCE Act)
DELIVERY OF JUDGEMENT- DELAY IN DELIVERY OF JUDGEMENT- EFFECT THEREOF-WHETHER DELAY RENDERS JUDGEMENT ILLIGAL
DISCHARGE-MURDER CHARGE-COOMMITYAL PROCEEDINGS-ACCUSED DISCHARGED UNDER SECTION 225(5) OF THE CPA BY SUBORDINATE COURT- WHETHER DISCHARGE LAWFUL
DEATH OF ACCUSED- ACCUSED DIES BEFORE COMPLETITION OF THE CASE AGAINST HIM- WHAT THE COURT SHOULD DO
Doctrine – functus officio – court unable to reopen earlier order regarding custody pending POCA proceedings.
DELAY- DELAY IN CRIMINAL TRIALS- WHETHER DELAY IN CRIMINAL TRIAL MAY BE THE BASIS OF ACQUITAL OF AN ACCUSED- DISCHARGE OF ACCUSED PERSON-RATIONALE FOR SUCH DISCHARGE- SECTION 225(5) OF THE CPA
DISQUALIFICATION-TRIAL JUDGE DISQUAFYING HIMSELF FROM THE CONDUCT OF THE CASE WITHOUT GIVING REASONING AND WITHOUT BEING MOVED BY THE PARTIES -WHETHER THE DISQULIFICATION WAS PROPERLY MADE
DISQUALIFICATION ON JUDICIAL BIAS- GROUNDS FOR DISQUALIFICATION -APPLICATION FOR PRESIDING MAGISTRATE TO WITHDRA FROM THE CASE- DUTY OF THE COURT
DISCHARGE OF THE ACCUSED PERSON- ACCUSED PERSON REACHING A COMPOMISE WITH THE COMPLAINANT- WHETEHR THE ACCUSED IS THREBY DISCHARGED
DEFENCE OF INSANITY- SPECIAL FINDING- MAGISTRATE FOUND ACCUSED TO BE GUILTY BUT INSANE-ACCUSED ACQUITED AND APPARENTLY DISCHARGED-WHEHER THE FINDINGS WAS LEGALLY MADE
DEFENCE OF INSANITY IN CRIMINAL TRIAL- AT WHAT STAGE SHOULD IT BE RAISED CONDUCT OF THE ACCUSED IN COURSE OF TRIAL- DTERMINATION IN ORDERINGMENTAL EXAMINATION- SECTION 219(1) AND 120(1) OF THE CPA
D.P.P’S CERTIFICATE OBJECTING BAIL- CONDITIONS FOR ISSUANCE, AND GRUNDS FOR INVALIDATING IT- EVIDENCE REQUIRED TO PROVE THAT IN OBJECTING BAIL THE D.P.P ACTED IN BAD FAITH OR ABUSE IF THE COURT PROCESS AND NOT MERE SUBMISSIONS-TIME OF EXPIRY OF THE D.P.P’S CERTIFICATE CONSTRUED
DEFECTIVE CHAEGE- CHARGE OF ATTEMPTED RAPE- PARTICULARS OF THE CHARGE NOT DISCOSING AN ESSENTIAL ELEMENT OF THE OFFENCE- CHARGE INCURABLLY DEFECTIVE
DEFECTIVE CHARGE- CHARGE PREFFRED UNDER REPEALED SECTION OF THE LAW REPEALED SECTION RE-ENACTED IN IDENTICAL WORDS IN THE CURRENT STATUTUTE- DEFECTIVE IS A CURABLE
DEFECTIVE CHARGE AND MISJOINDER OF ACCUSED PERSONS- WHETHER CONVICTION MAY BE SUSTAINED
DEFECTIVE CHARGE-ROBBERY WITH VIOLANCE-PERSONS AGAINST WHOM FORCE WAS USED NOT MENTIONED IN THE PARTICULARS OF OFFENCE- EFFFECT THEREOF
DEFECTIVE CHARGEDUPLICITY-THREE SEPARATE AND DINCTINCT OFFENCES CHARGED IN THE SAME COUNT- CHARGE BAD FOR DUPLICITY
DEFECTIVE CHRGE- DUPLICITY-SERIES OF ACTS CONSITTING A SERIES OF THE SAME OFFENCE- ACCUSED CHARGED WITH THREE SEPARATES COUNTS- WHETHER THE CHARGE IS DEFECTIVE FOR DUPLICITY
DEFECTIVE CHARGE- CHARGE ALLEGING CONSPIRANCY AND STEALING IN THE SAME COUNT- NEITHER SETTING OUT THR PARTICULARS OF CONSPIRACY NOR ALLEGING STEALING -WHETHER THE DEFECTS ARE CURABLE
FRAMING OF CHARGES- CHARGE DUPLEX- DEFENCE LEAR WHAT THE CASE AGAINS APPELLANT WAS- WHETHER DEFECT CURABLE- SECTION 346 OF THE Cr.Pr. Code
DEFECTIVE CHARGE- WILLFUL OBSTRUCTION OF POLICE OFFICER IN DUE EXECUTION OF DUTY- OMISSION OF WORD WILLFUL- CHARGE DEFECTIVE-SECTION 243 (b) OF THE PENAL CODE
DEFECTIVE CHARGE- RAPE- CHARGE CITING NON- EXISTING PROVISION AND NOT SPECIFYING WICH AMONGST THE CATERGORIES OF RAPE ITEMIZED UNDER SECTION 130(2)(a) TO (E) OF THE PENAL CODE IS INTENDED TO COVER THE ACCUSED
DEFECTIVE CHARGE- INFORMATION OF MANSLAUGHTER NOT INDICATING THE NAME OF THE DECEASED, DESCIPTION AND PARTICULARS OF THE OFFENCE- WHETHER DEFECTIVE
duty of court after close of prosecution to determine whether prima facie case established
DUTY TO READ OVER THE CHARGE OR INFORMATION TO THE ACCUSED BEFORE COMMENCEMENT OF THE TRIAL
DEFENCE OF INSANITY
DNA TEST IN PROVING THE OFFENCE OF IMPREGNATING A SCHOOL GIRL
DUPLICITY OF CHARGES- A CHARGES IS DUPLEX WHERE IN ONE COUNT IT CONTAINS MORE THAN ONE OFFENCE
DEATH OF ACCUSED, ACCUSED PERSON DIES BEFORE COMPLETION OF THE CASE AGAINST HIM, WHAT THE COURT SHOULD DO
DEFECTIVE CHARGE FOR FAILURE TO PROPERLY CITE THE RELEVANT SUB-SECTIONS IN THE STATEMENT OF THE OFFENCE
Defective Charge, Failure to Disclose to Whom the Threat Was Directed in The Particulars of Offence of Armed Robbery is Curable,
Defective Charge, Failure to Disclose to Whom the Threat Was Directed in The Particulars of Offence of Armed Robbery is Fatal,
Defective Charge, Failure to Draw a Memorandum of Matters Not Disputed, No Particular Number of Witnesses is Required to Prove a Fact,
DEFECTIVE CHARGE-CHARGING A PERSON UNDER NON-EXISTING PROVISIONS OF THE LAW
DEFENCE OF ALIB, FAILURE TO GIVE OF INTENETION TO PLEAD ALIBI, CONSEQUENCES OF FAILURE TO GIVE NOTICE OF INTENETION TO RELY UPON ALIBI
Defence of Alibi, Evidence Must Be Taken Under Oath, Sentence Start to Run When the Accused Person Was Convicted,
DEFENCE OF INSANITY
Definition of ‘tainted property’ – s.3 POCA – vehicles as instrumentalities of narcotic trafficking; * Narcotic trafficking – serious offence attracting life imprisonment under DCEA/EOCCA; * Restraint on public officers (TRA) from effecting disposition/transfer of alleged tainted assets
DEFINITION OF JUDICIAL DISCREATION’
DEFINITION OF THE TERM ORDER
DEFINITION OF THE WORD DOWRY
DEFINITION OF WORDS ARGUEMENT AND CONFRONTATION-THE TWO WORDS DO NOT IMPLY FIGHTING
Delay in Arresting the Accused Person, Sentence for Unnatural Offence, Best Evidence in Sexual Offences,
DELAY IN ARRESTING THE ACCUSED PERSON
Delay in Reporting a Crime, Contradictions in Evidence, Elements to Prove in Statutory Rape, Best Evidence in Sexual Offences, SELEMANI HASSANI
DELAY TACTICS-ONCE IS ACCIDENT, TWICE IS COINCIDENCE AND THRICE IS DELIBERATE
DELAY TO ARRAIGN THE ACCUSED PERSON IN COURT
Delay to Arrest the Accused Person, Failure to Call Material Witnesses, The Principle of Adverse Inference, Evidence of Recognition
DISCREATION OF HIGH COURT CAN INVOKE ITS DISCREATION SUO MOTU
Discripinary vs penal offences
DISMISSEDE SUMMARILY BY THE HIGH COURT
Drugs Act – Disposal and destruction procedures – requirement to record disposal order and net weights after sampling; inventory as primary evidence.
DISPENSING WITH PRESENCE OF ACCUSED, WHEN A STATEMENT OF ACCUSED PERSON SHOULD BE READ OUT
DISPOSAL OF EXHIBITS AFTER CLOSING PROSECUTION CASE, EFFECT THEREOF, SECTION 353(1) OF THE RIMINAL PROCEDURE ACT
DOCRINE OF RECENT POSSESSION
DPP Certificate and Consent for The Subordinate Court to Try Economic Case, Certificate and Consent Issued Prior to the Initiation of a Charge is Void, OMARY BAKARI
DPP’s CONSENT AND CERTIFICATE CONFERRING JURISDICTION ON THE SUBORDINATE COURT TO TRY THE ECONOMIC CASE
Drug offences – Trafficking – Proof that seized substance is narcotic (Government Chemist report confirming 983.5g heroin). * Chain of custody – combination of documentary record and credible oral testimony sufficient to preserve exhibit integrity. * Possession – actual/constructive possession and control as element of trafficking; passenger-to-carrier transfer linking accused to drugs. * Burden and standard of proof – prosecution must prove guilt beyond reasonable doubt; accused not required to prove innocence. * Vicarious/knowledge liability – mere carriage as a boda-boda rider without evidence of knowledge does not ground conviction.
DUPLICITY OF CHARGES-THE LAW FORBIDING LUMPING OF MORE THAN ONE OFFENCE IN ONE COUNT
Duty of The Prosecution to Prove the Case Beyond Reasonable Doubt, Definition of The Term Beyond Reasonable Doubt, Visual Identification
Duty to Assign Reasons for Taking Over the Case from the Predecessor Magistrate, Corroboration in Sexual Offences
Duty to Give Reasons for Taking Over the Case, Contradictions in Evidence, Best Evidence in Sexual Offences
Duty to Lead Evidence Showing the Date the Offence was Committed, Adverse Inference, Witness Should Identify the Stolen Property
D.P.P’s CONSENT AND CERTIFICATE CONFERRING JURISDICTION IN ECONOMIC OFFENCES-AMENDEMENT OF CHARGE IN COURSE OF TRIAL- WHETHER FRESH D.P.P CONSENT AND CERTIFICATE IS REQUIRED FOR THE AMENDED CHARGE
D.P.P FILES NOTICE OF WITHDRAWAL OF APPEAL- RELEVANT PROVISIONS OF LAW-PARTIES CONSENT TO WITHDRAWAL- CIRCUSTANCES UNDER WHICH THE D.P.P CAN WITHDRAWAL HIS APPEAL- WHETHER THE COURT SHOULD NECESSARILY GRANT THE PRAYER FOR WITHDRAWAL- WHEN DOES THE HEARING OF AN APPEAL COMMENCE- HEARING BY WAY OF WRITTEN SUBMISSION- STAGES OF AN APPEAL 371 OF THE CPA
DEFECTIVE COURT RECIRD- TRIAL COURT’S RECORD NOT DISCLOSING ANY SENTENCING PROCEEDINGS AND CONTAINING UNDATED AND UNSIGNED JUDGEMENT AND ORDERS OF COMMITMENT-EFFECT THEREOF
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EVIDENCE NOT PRODUCED IN COURT OF FIRST INSTANCE- WHETHER ADMISSIBLE ON APPEAL-
EXTENSION OF TIME- NON- CITATION OF PROCEDURAL LAW IS NOT FATAL IF ENABLING PROVISION EMPOWERING THE COURT TO GRANT EXTENSION OF TIME IS CITED
EXPERT EVIDENCE- HANDWRITING EXPERT REPORT- SECTION 154C (1) OF THE Pr. Code- FORM REQUIRED- SEVENTH SCHEDULE TO THE Cr. Pr. Code
Exhibits- Disposal of EXIBITS AFTER CLOSING PROSECUTION CASEE- EFFECCT THEREOF- SECTION 353(1) OF THE CPA
EXTRAJUDICIAL STATEMENT -FORMALITIES REQUIRED FOR RECORDING SUCH CONFESSIONS- WHETHER MAGISTRATS FAILURE TO COMPLY FULLY WITH CHIEF JUSTICE INTRUCTONS RENDER EXTRA-JUDICIAL Statements INADMISSIBLE
EXTRAJUDICIAL STATEMENTS- CONFESSIONS-INQUIRY AS TO THE VOLUNTARINESS OF CONFESSIONS BY SUBORDINATES COURTS- PROCEDURE TO BE FOLLOWED IN CONDUCTING AN INQUIRY ON THE VOLUNTARIENESS OR OTHERWISE OF THE CONFESSIONS BEFORE IT IS ADMITTED IN EVIDENCE
EXHIBITS-CUSTODY OF EXHIBITS- NEED TO KNOW IN WHOSE CUSTODY EXHIBITS WERE KEPT PROOF OF PERSON WHO MADE MICROFIMS AND PERSON WHO KEPT CUSTODY OR CONTROL OF THE SAME
EXHIBITS-HANDLING OF EXHIBITS- VITAL MISSING LINK IN THE HANDLING OF THE SAMPLES-EFFECT THEREOF
EXHIBITS-HANDLING EXHIBITS -EXHIBITS HANDLED IN A WAY THAT MAKES TEMPERING WITH THEM POSSIBLE -EFFECT THEREOF:
EXHIBITS- HANDLING OF EXHIBITS-NO PROPER CHAIN OF CUSTODY OF THE SEIZED PROPERTY-EFFECT THEREOF
EXHIBITS- MISHANDLING OF EXHIBITS-EFFECT THEREOF
EXHIBITS- THE DEFINITION OF AND RATIONALE FOR THE DOCTRINE OF CHAIN OF CUSTODDY -RECORD SILENT AS TO THE CHAIN OF CUSTODY FROM THE TIME THE ALLEGED MOTOR CYCLE WAS SEIZED TO ITS TENDERING IN COURT
EXHIBITS- CAIN OF CUSTODY- FALURE TO LEAD EVIDENCE PROVIDING A “FOOLPROF CHAIN OF CUSTODY”OF POTENTIAL EXHIBITS-WHETHER FATAL TO THE PROSECUTIONCASE
EXHBITS- CHAIN OF CUSTODY- IT PURPOSE- BROKEN CHAIN OF CUSTODDY- CIRCUSTANCES TO BE CONSIDERED IN ADMITTING AN EXHBIT IN SPITE OF A BROKEN CHAIN OF CUSTODY
ECONOMIC CRIMES- REQUIREMENT FOR THE D.P.P’S CONSENT TO PROSECUTE- CONSENT GIVEN AFTER TRIAL HAD COMMENCED-WHETHER CONSENT AS REQUIRED BY THE LAW- SECTION 26(1) OF THE ECONOMIC ORGANIZED CRIMES CONTROL ACT
ECONOMIC CRIMES- REQUIREMENT OF D.P.P’S CERTIFICATE- ECONOMIC AND NON -ECONOMIC OFFENCES COMBINED IN ONE CHARGE SHEET WITHOUT D.P.P’S CERTIFICATE CONFERRING JURISDICTION ON THE SUBORDINATE COURT TO TRY SUCH COMBINATION-WHETHER PROPER-EFFECT THEREOF- SECTION 12(3) AND (4) AND 26(2) OF THE ECONOMIC AND ORGANIZED CRIMES ACT
ECONOMIC AND ORGANIZED CRIME, SUBORDINATE COURTS HAVE NO JURISDICTION EXCEPT BY AN ORDER OF THE DIRECTOR OF PUBLIC PROSECUTIONS OR AUTHORIZED STATE ATTORNEY
Economic Case Must be Heard by Subordinate Court Specified in the DPP Certificate, Accused to be Present When Perishable Exhibits are to Be Destroyed,
Effect of Charging a Person Under a Repealed Law, Dead Law, Failure to Cite the Proper and Valid Law
Elements to Prove Murder, Eye Witness Visual Identification, Evidence of Recognition, Adverse Inference, Identification Where Victims Are Terrified
EVERY CHARGE ORINFORMATION MUST CONTAIN SUFFICINT PARTICULARS AS MAY BE NECCESSARY FOR GIVING REASONABLE INFORMATION AS TO THE NATURE OF THE OFFENCE CHARGED S.132 & 135 OF THE CPA
EVERY DEFECT IN THE CHARGE RENDERS IT FATALLY DEFECTIVE
EVERY PROCEDURAL ERROR CAN VITIATE THE PROCEEDINGS
EVIDENCE MUST BE GIVEN UNDER OATH OR AFFIRMATION
EVIDENCE OF RECOGNITION
Evidence of Visual Identification, Evidence of Voice Identification, Sentence for Unnatural Offence Committed to a Child is Life
EXERCISE OF JUDICIAL DISCREATION, REQUIREMENTS FOR EXERCISE OF JUDICIAL DISCREATION
EXERCISE OF REVIEW POWERS BY THE COURT OF APPEAL, CIRCUSTANCES UNDER WHICH THE POWERS MAY BE INVOKED
EXTENDED JURISDICTION
EXTRADITION, MINISTER’S ORDER TO COURT FOR ARREST AND DETENTION OF FUGITIVE COURT COMPLIANCE WITH MINISTERS ORDER, WHETHER LAWFUL SECTION 5(1) OF EXTRADITION ACT
EXTRAJUDICIAL STATEMENT-CHIEF JUSTICE GUIDELINES
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ESTOPPEL- WHETHER THE DOCTRINE OF ISSUE ESTOPPEL IS APPLICABLE TO CRIMINAL TRIALS IN TANZANIA- SECTION 2(2) OF THE JUDICATURE AND APPLICATION OF LAWS ORDINACE CHAPTER 358
EFFECT OF DELAY IN NAMING THE SUSPECTS
EQUIVOCAL TESTIMONIES CAN NOT FORM CONVICTION
EXTRA JUDICIAL STATEMENT MAY FORM CONVICTION
EXTENDED JURISDICTION-VALIDITY OF TRANFER ORDER-REQUIREMENT THAT SUCH ORDER MUST BE DIRECTED AT A PARTICULAR MAGISTRATE WHO MUST THE PLEA AS WELL AS CONDUCT THE TRIAL- WHETHER OTHER MAGISTRATES WITH EXTENDED JURISDCTION NOT SPECIFICALY MENTIONED IN THE TRANSFER ORDER MAY LAWFULLY STATED IN THE TRANSFER ORDER-WHETER TRIAL VALID
EXTENDED JURISDICTION-APPLICATION FOR EXTENSION OF TIME TRANSFERRED TO AND HEARD BY A MAGISTRATE WITH EXTENDED JURISDICTION-WHETHER LEGALLY PROPER-SECTION 45(2) OF THE MAGISTRATE’S COURTS ACT
EXTENDED JURISDICTION- INTENDE APPEAL FROM A DECISION OF A RESIDENT MAGISTRATE WITH EXTENDED JURISDICTION0 APPLICATION FOR EXTENSION OF TIME TO APPEAL TO THE COURT OF APPEAL SOUGHT AND GRANTED BY THE HIGH COURT- WHETHER LEGALLY PROPER-SECTION 11(1) OF THE APPELLATE JURISDICTION ACT
EXTENDED JURISDICTION-GRANTED UNDER SECTION 45(2) OF THE MAGISTRATE’COURTS ACT -LIMITATION OF SUCH JURISDICTION-RECORD CONTAINING NO ORDER TRANSFERRING A CASE TO A MAGISTRATE WITH EXTENDED JURISDICTION-EFFECT THEREOF
EXTENDED JURISDICTION- TRANSFER ORDER MADE UNDER A WRONG PROVISION AND AFTER PLEA AND PRELIMINARY HEARING HAS BEEN CONDUCTED-EFFECT THEREOF:
EXTENDED JURISDICTION- WHETHER PROPER FOR A RESIDENT MAGISTRATE TO SIT AT THE HIGH COURT WHEN EXERCISING HIS EXTENDED-RATIONALE FOR REQUIRING SUCH MAGISTRATES TO SIT AT THEIR COURTS
EXTENSION OF TIME- GROUNDS OF EXTENSION OF TIME- ACCUSED THROWING BLAME TO THE PRISON OFFICER AS RESPONSIBLE FOR THE DELAY- WHETHER AN AFFIDAVIT FROM THE PRISON OFFICER IS REQUIRED- SECTION 361(1) AND 363 OF THE CPA
EXTENSION OF TIME AND ADMISSION OF APPEAL OUT OF TIME- D.P.P’S APPEAL TO THE HIGH COURT FILED OUT OF THE PRESCRIBED LIMITATION PERIOD- DISCREATION OF THE HIGH COURT TO ADMIT SUCH APPEAL- WHETHER THE HIGH COURT CAN INVOKE ITS DISCREATION SUO- MOTU- SECTION 379(b) OF CPA
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FUNCTUS OFFCIO- WHETHER HAVING FIRST DIMISSED AN APPLICATION, THE COURT WAS BARRED FROM ENTERTAINING AND DETERMING A SECOND APPLICATION ON THE SAME SUBJECT MATTER AND BETWEEN THE SAME
FUNCTUS OFFICIO IN APPLICATIONS FOR BAIL- WHETHER STRICTLY APPLICABLE -CIRCUSTANCES UNDER WHICH IT MAY APPLY-FACTUS OFFICIO DEFINED
FUNCTU OFFICIO- ACCUSED NOT INFORMED OF HIS RIGHT OF APPEAL AFTER THE SENTENCE WAS VARIED- PROCEEDINGS INCOMPLETE- WHETHER MAGISTRATE RETAINED THE POWER TO ALTER THE SETENCE EVEN AFTER SENTENCE HAD ORALLY BEEN PRONOUNCED
FUNCTUS OFFICIO- SENTENCING- SINGLE SENTENCE PASSED ON TWO SEPARATE COUNTS- WHETEHR THE COURT WAS FUNCTUS OFFICIO WITH REGARD TO PASSING OF AN OMNIBUS SENTENCE ON THE REMAINING COUNT
FAILURE TO ENTER CONVICTION- MANDATORY DUTY PLACED ON TRIAL COURTS IN ZANZIBAR TO CONVICT OR ACQUIT THE ACCUSED UPON CONCLUSION OF TRIAL- EFFECT OF SENTENCING THE ACCUSED WITHOUT ENTERING A CONVICTION
FINAL SUBMISSIONS- RIGHT OF THE STATE ATTORNEY TO REPLY
FAIR TRIAL- MINIMUM STANDARDS TO ENSURE A FAIR TRIAL- CHARGES NOT DISCLOSING ESENTIAL INGRIDIENTS OF THE OFFENCE
FAIR TRIAL- MAGISTRATE TRYING CASE OF HIS SUBORDINATE- ACCUSED OBJECTS OBJECTION OVERRULED, MAGISTRATE SAYING :”I LOVE THE ACCUSED”- WHETEHR JUSTICE DENIED
FAIR TRIAL- STANDARDS OF FAIR TRIAL- PLEA NOT TAKEN FROM THE ACCUSED- WHETEHR THE TRIAL WAS FAIR
FAIR TRIAL- BIAS- TRIAL JUDGE UNEQUIVOCALLY RULED THAT THE APPELLANT HAD MURDERED THE DECEASED AT THE STAGE OF DETERMING WHETEHR OR NO THE APPELLANT HAD A CASE TO ANSWER- EFFECT THEREOF
FAIR TRIAL- BIAS- TRIAL JUDGE UNEQUIVOCALLY RULED THAT THE APPELLANT HAD MURDERED THE DECEASED AT THE STAGE OF DETERMING WHETHER OR NOT THE APPELLANT HAD A CASE TO ANSWER- EFFECT THEREOF
FAIR TRIAL- BIAS- TRIAL MAGISTRATE INTRODUCING AND ADMITTING DOCUMENTS AND CALLING WITNESS TO SUPPORT THE PROSECUTION CASE WITHOUT THE PROSECUTION HAVING SOUGHT TO DO SO- WHETEHR MAGISTRATE BIASED- EFFECT ON PROCEEDINGS
FAIR TRIAL AND BIAS- NATURAL JUSTICE- NO ONE SHOULD BE A JUDGE IN HIS OWN CAUSE-WITHDRAWAL- ACCUSED ALLEGES THAT TRIAL MAGISTRATE IS BIASED-ONE REASON BEING THAT THE MAGISTRATE WAS CORRUPTED BY COMPLAINANT’S MOTHER- PROCEDURE APPLICABLE- WHETHER THE COURT CAN HOLD AN INQUIRY ON THE ALLLEGATION
FRAMING OF CHARGE- LAW APPLICABLE IN FRAMING CHARGES WHERE AN ACT CREATING AN OFFENCE DOES NOT PRESCRIBE ANY MODE OF FRAMING CHARGES BROUGHT UNDER ITS PROVISIONS
FRAMING OF CHARGES- CHARGE SHEET CONTAINING AN OFFENCE TERMED AS ROBBERY WITH VIOLENCE INSTEAD OF SIMPLY ROBBERY AS STATED UNDER SECTION 286 OF THE PENAL CODE- WHETHER PROPER
FRAMING OF CHARGE- MISJOINDER OF COUNTS- WHERE AN ACCUSED PERSON IS CHARGED WITH A NUMBER OF OFFENCES, EACH OFFENNCE MUST BE SET OUT IN A SEPARATE COUNT- WHETGER MISJOINDER OF COUNTS WOULD VITIATE A CONVICTION: SECTION 136(2) OF THE Cr. Pr. Code
FRAMING OF CHARGE- JOINDER OF COUNTS- THEFT BY PERSON EMPLOYED IN PUBLIC SERVICE- SEPARATE AND DISTINCT TAKINGS AND ON DIFFERENT DATES CHARGED IN SINGLE COUNT- WHETTHER PROPER
FRAMING OF CHARGES- CHARGE LUMPING TOGETHER TWO SEPARATE OFFENCES ( STATUTORY RAPE AND GANG RAPE) IN ONE COUNT- PARTICULARS OF OFFENCE UNCLEAR WHETHER THEY RELATED TO GANG RAPE OR STATUTORY RAPE- WHETHER PROPER IN TERMS OF SECTION 133(2) OF THE CPA-PARTICULARS OF OFFENCE FOR STATUTORY RAPE NOT MENTIONING THE AGE OF THE VICTIM
FRAMING OF CHARGE- ACCUSED CHARGED ON A SINGLE COUNT FOR AN FFENCE HE HAD COMMITTED ON THREE SEPARATE OCCASSIONS- WHETEHR HE SHOULD HAVE BEEN CHARGED IN THREE SEPARATE COUNTS
FRAMING OF CHARGES- CHARGE UNDER REPEALED LEGISLATION- IRREGULARITY WHETEHR CURABLE
FRAMING OF CHARGE- STEALING OF PROOERTY FOLLOWED BY A CHARGE OF BEING IN POSSESSION OF PROPERTY UNLAWFULLY ACQUIRED -CHARGE OF BEING IN POSSESSION OF PROPERTY UNLAWFULLY ACQUIRED RELATES TO PROPERTY ACQUIRED BY USING PROCEEDS OF THE THEFT-WHETHER THE CHARGES IS PROPER
FRAMING OF CHARGES- CHARGES OF STEALING ANIMALS (GOATS)-CHARGE PREFERRED UNDER SECTION 268(1) AND (3) OF THE PENAL CODE, WITHOUT CITING SECTION 265 OF THE PENAL CODE WHICH CREATES THE OFFENCE OF THEFT- CHARGE OF STEALING PROPERTY FOLLOWED BY A CHARGE OFBEING IN POSSESION OF PROPERTY ALLEGEDLY STOLEN- CHARGE OF BEING IN POSSESSION OF PROPERTY STOLEN AND UNLAWFULLY ACQUIRED PREFERREED IN THE SAME COUNT- WHETEHR PROPER-EFFECT THEREOF
Failure to comply with cautioning, witness and disposal procedures led to acquittal for alleged cannabis trafficking.
FRAMING OF CHARGE- CHARGING PROVISON- DISOBEDIENCE OF LAWFUL ORDER- AN ORDER GIVEN BY COURT IN A CIVIL DISPUTE WHICH HAS BBEN DISBEYED BY PERSON WHO IS NOT A PARTY TO A SUIT- PROPER PROVISION TO BE INVOKED IN CHARGING THE SUSPECT- ORDER XXXVII OF THE CIVIL PROCEDURE CODE [CAP 33 R.E 2002] AND SECTION 124 OF THE PENAL CODE CONSTRUCTED
FRAMING OF CHARGES- PARTICULARS OF THE CHARGE MUST CONTAIN ALL INGRIDIENTS OF OFFENCE -ATTEMPTED RAPE- THE WORDS “WITH INTENT TO PROCURE PROHIBITED SEXUAL INTERCOURSE NOT INDICATE IN THE PARTICULARS OF THE OFFENCE- EFFECT THEREOF
FRAMING OF CHARGE- CHARGE IMPROPERRLY FRMED- PARTICULARS NOT DISCOSING INGREDIENTS OF THE OFFENCE- EFFECT THEREOF- PRINCIPLES MOSTLY FOLLOWED IN DRAFTING PARTICULARS OF OFFENCE- DUTY OF ADMITTING MAGISTRATE TO VET THE COMPETENCE OF THE CHARGE BEFORE ADMITTING IT- DUTY OF THE PROSECUTION TO CORRECTLY FRAME CHARGE- TRIAL COURT TO CHECK IF THE CHARGE IS PROPERLY FRAMED
FRAMING OF CHARGES- DUTY OF PROSECUTION TO CORRECTLY FRAME CHARGE- TRIAL COURT TO CHECK IF THE CHARGE PROPERLY FRAMED
FRAMING OF CHARGES- MURDER- DATE OF CHARGE- APPELLANT INFLICTED IJURY ON THE DECEASED-DECEASED DIED AFTER TEN DAYS OF INQUIRY- WHICH DATE SHOULD CHARGE CITE
FRAMING OF CHARGES- CHARGE NOT DISCOSING ANY OFFENCE- WHETHER PROPER TO PUT SUCH CHARGE TO THE ACCUSED- SECTION 129 OF THE CPA
FRAMING OF CHARGES- CHARGE NOT DISCLOSING ANY OFFENCE- WHAT THE COURT SHOULD DO- SECTION 129 OF THE CPA
FRAMING OF CHARGE- CHARGE OF ATTEMPTING TO COMMIT AN OFFENNCE- RELEVANT PROVISIONS TO BE CITED
FRAMING OF CHARGE- PERSON CHARGED WITH AND CONVICTED OF AN IMMIGRATION OFFENCE THAT DOES NOT EXIST UNDER THE LAW- PROCEEDINGS NULL AND VOID
FRAMING OF CHARGES- DEFECTIVE CHARGES- CHAGING UNDDER REPEALED AND REPLACED SECTION-CIRCUSTANCES UNDER WHICH THE DEFECT MAY BE CURED
FORFEITURE-FORFEITURE OF PISTOL TO THE GOVERNMENT- ORDER OF FORFEITURE MADE SHOULD BE MADE IN FAVOUR OF THE GOVERNMENT AND NOT RESTITUTION ORDER IN FAVOUR OF THE ACCUSED
FAILURE TO READ THE CHARGE SHEET BEFORE THE COMMENCEMENT TRIAL
FUCTUS OFFICIO
FUNCTUS OFFICIO
FUNCTION OF ARRAIGNMENT
FACTORS TO BE CONSIDERED IN ASCERTAINING PROPER IDENTIFICATION
FACTORS IN IDENTIFICATION BY RECOGNITION
FAILURE TO READ IDENTIFICATION PARADE REGISTERS
FAILURE TO READ OUT THE CONTENTS OF A DOCUMENT AFTER ITS ADMISSION IN EVIDENCE IS AN INCURRABLE IRREGULARITY
FACTORS TO CONSIDER WHEN IMPOSING SENTENCE
FACTORS TO CONSIDER WHEN IMPOSING SENTENCE
FACTORS TO CONSIDER WHEN IMPOSING SENTENCE
FAILURE TO CONDUCT PH CANT VITIATE THE PROCEEDINGS
FAILURE TO SUMMON KEY WITNESS WEAKEN THE PROSECUTION CAS
FAILURE TO CONSIDER GROUNDS OF APPEAL
FAILURE TO DISCLOSE IN THE CHARGE THE ACTUAL TIME IN WHICH THE OFFENCE WAS COMMITTED
FAILURE TO CONSIDER DEFENCE CASE
FAILURE TO TENDER EXTRA JUDICIAL STATEMENT
Factors to Establish Malice Aforethought, Self Defence
Failure by the Accused to indicate his defence earlier, it render the defence to be dismissed
FAILURE BY THE FIRST APPELATE COURT TO CONSIDER THE GROUNDS OF APPEAL
FAILURE BY THE OWNER OF THE HOUSE TO SIGN THE CERTIFICATE OF SEIZURE
FAILURE BY THE TRIAL COURT TO STATE THE PROVISION UNDER WHICH THE ACCUSEDIS CONVICTEDAT THE TIME OF CONVICTION
FAILURE BY THE TRIAL COURT TO STATE THEPROVISION UNDER WHICH THE ACCUSED IS CONVICTED AT THE TIME OF CONVICTION
Failure by the Trial Judge to Append Signature at the End of the Testimony of Each Witness is Fatal, Failure to Append Signature
FAILURE OF THE TRIAL MAGISTRATE TO INDICATE THE CLOSURE OF THE DEFENCE CASE
FAILURE OF TRIAL JUDGE TO SUM UP THE CASE TO THE ASSESORS BEFORE OBTAINING THEIR OPINION, EFFECT OF SUCH FAILURE
Failure to Append Signature in The Proceedings, Particulars of The Offence of Piracy
Failure to Arraign the Accused Person Before the Trial is Fatal, Retrial Principles,
FAILURE TO CAUSION THE ACCUSED ON A SPECIFIC OFFENCE AND FAILURE TO INDICATE THE OFFENCE SECTION IN THE CAUSIONED STATEMENT
FAILURE TO CITE THE PUNISHMENT PROVISION IN THE CHARGE IS NOT FATAL
Failure to Consider Defence Case, Failure to Furnish the Accused Person with The Statement of the Complainant, Credibility of Witnesses
FAILURE TO CONSIDER DEFENCE CASE
Failure to Consider Mitigating Factors, Evidence of Recognition, Visual Identification, Defence of Alibi, Necessity to Describe Time in the Charge
Failure to Consider the Defence Case, Burden of Proof in Criminal Cases, Credibility of Witnesses, Best Evidence in Sexual Offences
FAILURE TO CONSIDER THE DEFENCE CASE
Failure to Enter a Conviction Order Against the Accused Person
Failure to Establish Boundaries in Wildlife Offences, Document Must Be Read Out After Its Admission, Concurrent Findings of Facts by The Lower Courts
FAILURE TO HOLD A PRELIMINARY HEARING VIOLATES PROCEEDINGS IN A CASE SECTION 192
FAILURE TO READ EXIHIBIT AFTER ADMITTED IS INCURRABLE DEFECT
Failure to Read Out the Undisputed Facts of the Case to the Accused Person During PH and Cause the Same to Be Signed by Him is Not Fatal
FAILURE TO RE-ISSUE CONSENT AND CERTIFICATE CONFERING JURISDICTION RENDER TRIAL NULLITY
FAILURE TO STATE IN THE CHARGE THE TIME THE OFFENCE WAS COMMITTED
failure to take oath by victim is curable
FAILURE TO TAKE PLEA OF THE ACCUSED PERSON IS AGAINST A RULE OF NATURAL JUSTICE
FAIR TRIAL MINIMUM STANDARDS TO ENSURE A FAIR TRIAL
FIRST OFFENNDER DESERVE A STATUTORY MINIMUM SENTENCE OF IMPRISONMENT
Forgery of academic certificates
Forgery, Occasioning Loss to a Specified Authority, Deceive and Defraud, Evidence of Handwriting, Contradictions in Evidence
GROUNDS FOR DELAY FOR APPLICATION FOR LODGEING REVIEW
Guidelines On Visual Identification, Defence of Alibi, Ability of a Witness to Name a Suspect, Sentences Must Be Served at The Same Time
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GROUNDS FOR EXTENSION OF TIME- WHETHER THE AVERMENT THAT “THE INTENDED APEAL HAD A PROSPECT OF SUCESS “MAY BE CONSIRERED AS A GROUND FOR EXTENSION OF TIME- WHETEHR CONSIDERING SUCH GROUND AMOUNTS TO PREMATURELY ENTERTAINING THE MERITS OF THE APPEAL
GROUNDS FOR EXTENSION OF APPEAL- EXTENSION OF TIME TO FILE NOTICE OF APPEAL APPLICANT ABSENT AT DELIVERY OF JUDGEMENT- APPLICANT SERVING TIME IN PRISON UNAWARE OF JUDGEMENT- WHETHER GOOD CAUSE FOR EXTENSION OF TIME
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HABEAS CORPUS- APEPEALS- ATTORNEYS GENERAL’S LOCUS STANDI IN HABEAS CORPUS PROCEEDINGS- ATTORNEY GENERAL NOT A PARTY TO THE PROCEEDINGS IN THE HIGH COURT- WHETEHR HE HAS LOCUS STANDI IN APPEAL- APPEAL FILED OUT TIME PARAMOUNT PUBLIC INTREST AS GOOD REASON FOR THE COURT OF APPEAL TO ALLOW APPEAL OUT OF TIME RULE 4 OF HABEAS CORPUS RULES AND RULE 8 AND 45 OF THE COURT OF APPEAL RULES , 1979
HABEAS CORPUS PROCEEDINGS- CONSTITUTIONAL LAW- VICE PRESIDENT EXRCISES POWERS OF THE PRESIDENT DURING THE ABSENCE OF THE PRESIDENT AND ISSUES AN ORDER OF DETENTION-CIRCUSTANCES UNDER WHICH THE VCE-N PRESIDENT CAN EXERCISE SUCH POWERS- HOW POWERS DEVOLVE, HOW POWERS CAN BE DELEGATED TO THE VICE PRESDENT- NEED FOR THE ORDER TO BEAR THE HAND OF THE PRESIDENT AND THE PUBLIC SEAL- RIGHT OF DETAINEE BE SHOWN THE DETENTION ORDER AT TIME OF ARREST- ARTICLE 8 OF THE CONSTITUTION, 1977 AND SECTION 2 AND 491) OF PREVENTIVE DETENSION ACT, 1962
HOSTILE WITNESS- MEANING OF- WHETHER EVERY WITNESS THAT GIVES UNFAVOURABLE EVIDENCE MAY BE DECLARED HOSTILE
HOSTILE WITNESS- DECLARATION OF WITNESS AS HOSTILE- WHO TO DETERMINE A WITNESS HAS TURNED HOSTILE- PROCEDURE BEFORE COURT MAY PERMIT A PARTY TO CROSS EXAMINE HIS OWN WITNESS- EVIDENCE OF HOSTILE WITNESS -ITS EFFECT AND WEIGHT
HOSTILE WITNESS- EVIDENCE OF HOSTILE WITNESS- WHETHER SUCH EVIDENCE MAY BE USED
HOW SHOULD CRIMINAL JUSTICE BE ADMINISTERED
HOW PANEL OF THREE JUDGES OF CAT DECIDE A JUDGMENT
HE WHO ALLEGES MUST PROVE-STANDARD OF PROOF IN AN APPLCATION FOR FOEFEITURE ORDER-BALANCE OF PROBALITIES-S.75 OF THE POCA
HEARING A CASE AFTER EXPIRY OF 60 DAYS
HIGH COURT IS ENJOINED TO PREVENT IT UNDER S.95 OF THE CPC
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INCOMPLETE PROCEEDINGS- RECORD NOT INDICCATING IF THE ACCUSED WAS EXPLAINED HIS RIGHT OF APPEAL
IRREGULAR COURT ORDER IN A CRIMINAL CASE-CIRCUSTANCES UNDER WHICH AN ORDER OF CRIMINAL COURT CAN BE NULL AND VOID- IF NULL AND VOID TO WHAT EFFECT -IRREGULAR DISCHARGE OF BOND AND SURETY- ORDER OF DISCHARGE MADE IN THE ABSENCE OF THE ACCUSED- IRREGULARITY – ORDER VALID UNTILL SET ASIDE – NEED TO CONSIDER WHETEHR FAILURE OF JUSTICE OCCASSIONED – SECTION 346 AND 347 OF THE CRIMINAL PROCEDURE CODE
INTERPRETER- DUTY OF THE COURT, NOT THE ACCUSED, TO LOOK FOR AN INTERPRETER
INTERPRETER- SERVICE OF AN INTERPRETER -NECESSARY WHERE THE ACCUSECDOES NOT KNOW THE LANGUAGE OF THE COURT- NEED FOR THE INTERPRETER TO BE SWORN: SECTION 26 OF THE PRIMARY COURTS CRIMINAL PROCEDURE CODE
INTERPRETER- MUST TAKE OATH BEFORE PERFORMING HIS TASK- SECTION 198(1) OF THE CPA
INTERPRETER- COURT INTERPRETER ALSO APPEARING AS PROSECUTION WITNESS IN TRIAL WITHIN A TRIAL AND IN THE MAIN TRIAL-WHETHER PROPER-
INSANITYAS DEFENCE TO CHARGE OR AS BAR TRIAL- PROCEDURE TO BE FOLLOWED BY TRIAL COURT WHEN THE SAME IS RAISED OR PLEADED
INSANITY- UNFITNESS OF THE ACCUSED TO FOLLOW PROCEEDINGS BY REASON OF UNSOUNDNESS OF MIND- PROCEDURE TO BE FOLLOWED
INSANITY- PROCEDURE TO BE FOLLOWED WHEN THE ACCUSED IS INCAPABLE OF FOLLOWING PROCEEDINGS AND MAKING HIS DEFENCE BY REASON OF UNSOUNDNESS OF MIND- SECTION 164 OF CRIMINAL PROCEDURE CODE
INSANITY- ACCUSED IS SANE BUT REMAINS SILENT WHEN CHARGE IS READ OVER TO HIM- COURT UNCERTAIN AS TO WHETHER HIS SILENCE IS DUE TO MALICE (PRETENCE) OR LEGITIMATE CAUSE, SUCH AS DEAFNESS OR IGNORANE OF LANGUAGE- WHAT THE COURT SHOULD DO
INSANITY- INSANITY RAISED AS A DEFENCE TO THE CHARGE- DISTINCTION BETWEEN INSANITY RAISED AS ADEFENCE AND AS GROUND OF UNFITNESS OF THE ACCUSED FOLLOW PROCEEDINGS AND MAKE HIS DEFENCE- PROCEDURE AND CONSEQUENCE
IDENTIFICATION OF STOLEN PROPERTIES- PROPER PROCEDURE TO BE FOLLOWED IN IDENTIFICATION OF STOLEN PROPERTIES BY THE COMPLAINANT
IDENTIFICATION OF STOLEN PROPERTIES BY COLOUR- VALUE OF SUCH EVIDENCE
IDENTIFICATION OF STOLEN PROPERTIES- COURT OBSERVING COWS AND DESCRIBING THEIR MARKS AND COLOUR- WHETHER THE COURT HAS TURNED ITSLEF INTO A WITNESS
INQUIRY AS TO DEATH- INQUEST- AUTHORIZED OF INQUIRIES INTO DEATHS- AUTOPSY CONDUCTED ON THE ORDER OR DIRECTION OF THE POLICE, WITHOUT AUTHORIZATION OF CORONER- EFFECT THEREOF- SECTION 109,11 AND 12 OF THE POLICE TO ORDER AUTOSPY IN CASES OF EMERGENCY- WHETHER LAWFUL- SECTION 7(2) OF THE POLICE FORCE AUXILIARY SERVICES ACT [CAP 322 R.E 2002] AND PARAGRAPH 8 OF THE POLICE GENERAL ORDERS PO NO. 225
IDENTIFICATION PARADE- ITS PURPOSE
IDENTIFICATION PARADE- ACCUSED NOT INFORMED OF HIS RIGHT TO HAVE HIS ADVOCATE PRESENT DURING THE CONDUCT OF PARADE- ALSO UPON THE COMPLETITION OF THE PARADE THE ACCUSED WAS NOT ASKED WHETHER THE PARADE WAS CONDUCTED IN A FAIR MANNER- ITS EVIDENTIAL VALUE
IDENTIFICATION PARADE- CONDITIONS TO BE OBSERVED IN CONDUCTING AN IDENTIFICATION PARADE- WHETHER A PHOTOGRAPH OF THE PARADE NECESSARY -PLOICE GENERAL ORDERS
IDENTIFICATION PARADE- PROCEDURE AND ITS EVIDENTIAL VALUE-
IDENTIFICATION PARADE- WHEN IDENTIFICATION PARADE SHOULD BE IN UNIFORM-PLOICE GENERAL ORDERS
IDENTIFICATION PARADE NOT CONDUCTED- ACCUSED NOT KNOWN TO THE WITNESS BEFORE THE INCIDENT- WHETEHR DOCK IDENTIFICATION ALONE EVIDENTIAL VALUE-
Irregular disposal, sampling and witness omissions undermined proof; accused acquitted for failure to prove trafficking beyond reasonable doubt.
INTEROGATION OF SUSPECTS- PROCEDURE TO BE FOLLOWED IN INTERVIEWING A SUSPECT- ACCUSED INTERROGATED BEFORE BEING INFORMED OF THE OFFENCE IN RESPECT OF WHICHH HE IS UNDER RESTRAINT- EFFECCT THEREOF- SECTION 53(b) of the CPA
INTEROGATION OF SUSPECTS- SUSPECT DETAINED FOR INTERRROGATION- INTERRROGATION GOING ON BEYOND A PERIOD OF 4 HOURS-WHETGER PERMISSIBLE- SECTION 50 OF THE CPA
INVESTIGATIONS- STANDARDS OF PROFESSIONALISM IN THE COLLECTION OF EVIDENCE AT SCENES OF CRIMES- NEED FOR POLICE OFFICERS TO COLLECT PHYSICAL EVIDENCE FOR FURTHER INVESTIGATION INCLUDING DNA TESTING
INVESTIGATIONS- STANDARD OF PROFESSIONALISM IN THE CONDUCT OF INVESTIGATIONS-NEED FOR POLICE OFFICERS TO BE MORE SERIOUS IN THEIR WORK
IDENTIFICATION OF DOGS AT NIGH, NEED TO ADDUCE EVIDENCE TO SHOW WHETHER CONDITIONS ALLOWED FOR PROPER IDENTIFICATION
IDENTIFICATION PARADE, ACCUSED IDENTIFIED BY TWO WITNESSES AND INDENTIFICATION BY ONE WITNESS IS CHALLENGED, WHETHER ACCUSED PERSONS PROPERLY INDENTIFIED
Identification Parade, Requirement of Giving Description of the Suspect, Ability of a Witness to Name a Suspect, Elements of Armed Robbery
IDENTIFICATION PARADE
IDENTIFICATION, CASE DEPENDING ON IDENTIFICATION OF ACCUSED, SUCH IDENTIFICATION MUST BE WATERTIGHT
ILLEGAL IMPORTATION OF DANGERIOUS DRUGS, CIRCUSTANTIAL EVIDENCE, WHETHER THE OFFENCE IS ESTABLISHED
ILLEGALITY AS A GROUND FOR EXTENSION OF TIME CAN BE RAISED BY COURT SUO MOTU
Illegality as a Ground for Extension of Time, Discretion of The High Court to Grant Extension of Time,
Illegality as A Ground for Extension of Time, Prison Status of a Person as a Ground for Extension of Time
IMPORTANCE OF A PROPER SUMMING UP OF A CASE TO ASSESSORS
IMPROPER SUMMING UP TO ASSESSORS AND VISUAL IDENTIFICATION EVIDENCE
Improper Summing Up to Assessors, Involvement of Assessors in Criminal Trials Before the High Court is No Longer Mandatory
Improper Summing Up to Assessors, Involvement of Assessors in Criminal Trials Before the High Court
Improper Summing Up to Assessors, Retrial Principles
IMPROPER SUMMING UP TO ASSESSORS
IN EVERY PROCEDURAL IRREGULARITY THE CRUCIAL QUESTION IS WHETHER IT HAS OCCASSIONED A MISCARRIAGE OF JUSTICE
Ingredients of armed robbery
INSANITY AS A BAR TO A TRIAL, PROCEDURE TO BE FOLLOWED BY TRIAL COURT
INTERFERENCE WITH THE DISCREATION OF THE LOWER COURTS
Interference with The Exercise of Discretion by The Lower Courts, Illegality as A Ground for Extension of Time, Contents of The Memorandum of Appeal
INTERFERENCE WITH THE SENTENCING DISCREATION OF THE TRIAL COURT
INTERPRETATION OF THE PHRASE SHALL BE LIABLE TO
INVOLMENT OF ASSESSORS IN CRIMINAL TRIALSBEFORE THE HIGH COURT-THE ROLE OF ASSESORS
Involvement of Assessors in Criminal Trials Before the High Court, Accused Must be Given an Opportunity to Comment on the Selected Assessors
Involvement of Assessors in Criminal Trials Before the High Court
Involvement of Assessors in Criminal Trials Before the High Court, Duty to Inform the Assessors Their Responsibility, Retrial Principles
Involvement of Assessors in Criminal Trials Before the High Court, Retrial Principles
Involvement of Assessors in Criminal Trials Before the High Court, The Trial Judge Should Not Add Extraneous Matters
Involvement of Assessors in Criminal Trials Before the High Court, The Trial Judge Should Not Add Extraneous Matters
INVOLVEMENT OF ASSESSORS IN CRIMINAL TRIALS BEFORE THE HIGH COURT-OPINION OF ASSESORS
It is Highly Improbable for One to Commit an Offence Without Hiding His Identity, Adverse Inference, Defense of Alibi, Visual Identification
IT IS IRREGULAR TO CHARGE A PERSON WITH THE OFFENCE OF ARMED ROBBERY AND CAUSING GRIEVOUS HARM AS SEPARATE COUNTS IN THE SAME CHARGE
It is No Longer Mandatory to Conduct a Criminal Trial with the Aid of Assessors, Improper Summing Up to Assessors, Retrial Principles
It is Not Mandatory to Report Every Crime to the Local Leadership Before the Complaint is Formally Made to the Police, Proof of Victim Age,
IT IS THE CHOICE OF THE DPP TO CHARGE A SUSPECT WITH ONLY THE OFFENCES THAT SHE HAS ABILITY TO PROVE BEYOND REASONABLE DOUBT
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JURISDICTION-FUNDAMENTAL NATURE OF JURISDICTION-COURT’S DUTY TO BE CERTAIN AND SURE OF ITS JURISDICTIONAL POSITION AT THE COMMENCEMENT OF TRIAL THOUGH PLEADINGS
JURISDICTION-OFFENCES WHICH THE COURT HAD JURISDICTION TO TRY COMBNED WITH THOSE WHICH IT HAD NO JURISDICTION TO TRY-WETHER PROPER-EFFECT THEREOF-WHETHER THE TWO WERE DISTINCT AND OUGHT TO BE CHARGED SEPARATELY
JURISDICTION -JURISDICTION OF PRIMARY COURT IN RAPE CASES-PRIMARY COURT HAS NO JURISDICTION TO TRY THE OFFFENCE OF RAPE
JURISDICTION OF PRIMARY COURT IN SIMPLE ROBBERY CAES- PRIMARY COURT DREW A CHARGE BASING FROM FACTS PRESENTED BEFORE IT BY A COMPLAINANT WITHOUT CONSIDERING WHETHER THE FACTS DISCLOSED AN OFFENCE WHICH IT HAS JURISDICTION TO TRY-EFFECT THEREOF
A COURT OF RESIDENT MAGISTRATE PRESIDED OVER BY A DISTRICT MAGISTRATE-WHETHER COURT PROPERLY CONSTITUTED
JURISDICTION OF ECONOMIC AND ORGANIZED CRIME COURT ON TERRORISM OFFENCE
JUDGEMENT DOES NOT MEET THE STATUTORY REQUIREMENTS, JUDGEMENT BAD IN LAW
JUDGEMENT OF THE COURT MUST BE BASED ON AN OBJECTIVE EVALUATION OF THE EVIDENCE OF BOTH THE PROSECUTION AND DEFENCE
JUDICIAL DECISIONS WHICH ESTABLISH PRECEDENT HAVE RESTRORESPECTIVE EFFECT IN THE CASES BEING DECIDED AND OTHER CASES WHICH ARE PENDING OR STILL TO COME BEFORE THE COURT
Jurisdiction to Try Economic Cases, DPP Certificate and Consent Must Refer to Section Which is Cited in the Charge Sheet
JURISDICTION OF SUBORDINATE COURTS IN ECONOMIC CRIMES-D.P.P CONFERS JURISDICTION ON A COURT OF RESIDENT MAGISTRATE- CASE TRIED BY A DISTRICT COURT-WHETHER LAWFUL
JURISDICTION -BAIL-COMMITTAL PROCEEDINGS-JURISDICTION OF SUBORDINATE COURTS TO GRANT BAIL DURING COMMITTAL PROCEEDINGS-JURISDICTION OF THE HIGH COURT TO GRANT BAIL WHERE PERSON IS STILL IN POLICE CUSTODY-WHETER BAIL CAN BE A SEPARATE PROCEEDINGS FROM CRIMINAL CASE
JUDGEMENT- WHAT A JUDGEMENT SHOULD CONTAIN- SECTION 276(1) OF THE CRIMINAL PROCEDURE DECREE (ZANZIBAR)
JUDGEMENT-CONTENTS OF – JUDGEMENT MUST NOT ONLY SUMMARIZE THE EVIDENCE; IT MUST ALSO EVALUATE THE EVIDENCE- SUMMARY OF EVIDENCE AND EVALUATION OF EVIDENCE DISTIGUISHED
JUDGEMENT- CONTENT OF JUDGEMENT- JUDGEMENT MAKING REFERENCE TO MERE EXISTENCE OF EVIDENCE WITHOUT ANALYSISNG ITS WEIGHT IN REACHING AT THE DECISION CRIMINAL PROCEDURE CODE
JUDICIAL REVIEW- D.P.P’S DECISONS TO INSTITUTE CRIMINAL PROCEEDNGS- WHETHER THE CHARGE SHEET IS A DECSION AMENABLE TO JUDICIAL REVIEW- CIRCUSTANCES IN WHICH A CHARGE SHEET MAY BE SUBJECT TO JUDICIAL REVIEW- SECTION 19(3) OF THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISONS) ACT AND RULE 5(1) AND (2) OF THE JUDICIAL REVIEW RUKES 2014
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LIMITATION OF TIME IN CRIMINAL APPEALS- APPEAL TO THE HIGH COURT FROM A SUBORDINATE COURT’S DECISION-WHAT IS THE TIME LIMITATION- COMPUTATION OF THE PERIOD OF LIMITATION- EXCLUSION OF THE PERIOD REQUIRED FOR OBTAINING A COPY OF THE DECISION SOUGHT TO BE CHALLENGED: SECTION 361 OF THE CPA
LIMITATION-PERIOD OF LIMITATION- PURPOSE OF- WHETEHR RIGHT OF APPEAL CAN BE INDEFINITE- SECTION 25 (1) OF THE MAGISTRATES COURTS ACT 1984
LIES OF AN ACCUSED MAY CORROBORATE THE PROSECUTION CASE
LEADING ORGANIZED CRIME, NO PROOF OF INTENT TO BENEFIT FROM SUCH ACT, WHETHER OFFENCE OF LEADING ORGANIZED CRIME IS ESTABLISHED
LEGAL AID SERVICES TO INDIGENT ACCUSED PERSONS FACING CRIMINAL CHARGES-THE LAW BEFORE AND AFTER 2017
Lost File, Missing Record, Way Forward When Court is Faced with Missing Record
LEGAL RESPRESENTATION-TRIAL CONTINUED WHILE SOME OF THE ACCUSED WERE NOT REPRESENTATED BY COUNSEL- WHETHER PROPER FOR TRIAL TO CONTINUE
LEGAL REPRESENTATION-CIRCUSTANCES IN WHICH IT MAY LEGITIMATELY BE DENIED ÜNREASOBALE”DEFINED-WHERE A COMPLEX ISSUES OF LAW OR FACTS INVOLVED
LEGAL REPRESENTATION -LEGAL AID-DENIAL OF RIGHT TO LEGAL AID PAID FOR BY THE STATE- RIGHT TO BE INFORMED BY THE TRIAL COURT OF THE RIGHT TO LEGAL REPRESENTATION
LEGAL REPRESENTATION- RIGHT TO BE INFORMED BY THE TRIAL COURT OF THE RIGHT TO LEGAL REPRESENATION
LEGAL REPRESENTATION- REPRSENTATION BY COUNSEL IN MURDER CASE- LACK RESENTATION BY COUNSEL WHERE ONE OF SEVERAL ACCUSED CHARGED WITH MURDER -APPEAL COURT ORDERS RETRIAL FOR THE CONVICT WHO WAS NOT REPRESENTED BY COUNSEL-EFFECT ON APPEAL BY THE OTHER CONVICT
LOCUS STANDI IN APPEAL- RIGHT OF APPEAL TO A PERSON WHO WAS NOT A PARTY AT THE TRIAL- PROPERTY FORFEITED INCLUDE PROPERTIES BELONGING TO THE PERSON WHO WAS NOT AN ACCUSED-WHETHER SUCH PERSON HAS A RIGHT OF APPEAL
LOCUS STANDI ON APPEAL- CONTEMPT OF COURT- LOCUS STANDI ON APPEAL IN CASE OF PRIVATE PROSECUTION- WHETHER A PRIVATE PROSECUTOR MAY APPEAL APPERANCE BY A CORPORATION IN CRMINAL CASES- HOW CAN A CORPORATION ENTER APPERANCE IN COURT- WHO MAY REPRESENT A CORPORATION AND WHAT AUTHORITY SUCH A REPRESENTATIVE HAS
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MISSING COURT RECORD- CONSEQUENCES ON APPEAL WHEN COURT RECORD IS MISSING-WHAT THE COURT SHOULD DO
MISSING COURT RECORD- SIGNIFICANCE OF COURT RECORD- CONSEQUENCES ON APPEAL WHEN COURT RECORD IS MISSING -WHAT THE COURT SHOULD DO
MISSING COURT RECORD- RECONSTRUCTION OF MISSING RECORDS- MODALITIES OF RECONSTRUCTION OF MISSING COURT RECORD – THE OBLIGATION TO CONDUCT A RECONSTRUCTION OF MISSING COURT RECORD DOES NOT FALL ENTIRELY ON THE COURT- PARTIES TO THE CASE SHARE THE DUTY
MISSING CHARGE-EFFECT OF THE CHARGE MISSING FROM THE RECORD OF APPEAL
MURDER CASE=PERSON TAKEN INTO CUSTODY WITHOUT WARRANT
MEANING OF AN ORDER FOR RETRIAL
Magistrate Has to Append His Signature After Recording Evidence of Each Witness, Ability of a Witness to Name a Suspect, Retrial Principles
MATTER NOT RAISED IN FIRST APPEAL
MATTER NOT RAISED IN THE TRIAL AND FIRST APPEAL CANNOT BE RAISED IN A SECOND APPELLATE COURT EXCEPT THOSE INVLOVING POINTS OF LAW (NOT FACTS)
MATTER NOT RAISED IN THE TRIAL AND FIRST APPEAL CANNOT BE RAISED IN A SECOND APPELLATE COURT EXCEPT THOSE INVLOVING POINTS OF LAW
MATTER NOT RAISED IN THE TRIAL AND FIRST APPEL CANNOT BE RAISED IN A SECOND APPELLATE COURT EXCEPT THOSE INVOLVING POINTS OF LAW
MATTERS NOT RAISED IN THE TRIAL AND FIRST APPEAL CANNOT BE RAISED IN A SECOND APPELLATE COURT EXCEPT THOSE INVLOVING POINTS OF LAW (NOT FACTS)
MATTERS NOT RAISED IN THE TRIAL AND FIRST APPEAL CANNOT BE RAISED IN A SECOND APPELLATE COURT EXCEPT THOSE INVLOVING POINTS OF LAW
MATTERS NOT RAISED IN THE TRIAL AND FIRST APPEAL CANNOT BE RAISED IN A SECOND APPELLATECOURT EXCEPT THOSE INVLOVING POINTS OF LAW (NOT FACTS)
MATTERS NOT RAISED IN THE TRIAL COURT OR FIRST APPELLATE COURT CANNOT BE RAISED IN THE SECOND APPELLATE COURT
MEANING OF CHAIN OF CUSTODY
MEANING OF DIRECTOR OF PUBLIC PROSECUTION
MEETING CONVENED TO DISCUSS AND WRITE A LETTER TO THE DISTRICT COMMISSIONER ON MISMANAGEMENT OF VILLAGE FUNDS, WHETHER THE MEETINGS AND WRITTING OF THE LETTER AMOUNTED TO ACRIMINAL OFFENCE
MINIMUM SENTENCE, FIRST OFFENDER SENTENCE UNDER MINIMUM SENTENCE DECREE
MIS REDECTION AND NON DIRECTION, EFFECT THEREOF
MODALITY OF SUPPLYING THE COMMITTAL PROCEEDINGS TO THE ACCUSED
MODE OF FRAMING THE CHARGE-THE PUNISHMENT PROVISION MUST BE STATED IN THE CHARGE-RATIONALE
MINIMUM SENTENVES ACT- COMPENSATION-WHETHER PAYING COMPENSATION IN KIND ALLOWED-SECTION 7(3) OF THE CRIMINAL PROCEDURE CODE
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Narcotic drugs – Trafficking – Seizure and search without warrant in exigent circumstances; Certificate of Seizure as evidence; Government Analyst’s LC‑MS report admissible and conclusive; lawful destruction procedure and chain of custody upheld; mandatory life sentence under Drugs Act.
NATURAL JUSTICE- PRINCIPLES OF – APPELLANT IS NOT GIVEN AN OPPORTUNITY TO BE HEARD AT THE HEARING OF HIS APPEAL- GRIEVOUS INJUSTICE
NOTICE OF APPEAL- IN CRIMINAL MATTERS, IT IS THE NOTICE OF APPEAL THAT INITIATES THE APPEAL- NO APPEAL MAY BE ENTERTAINED UNLESS A NOTICE OF INTENTION TO APPEAL HAS BEEN GIVEN- SECTION 361 (1) (a) OF THE CPA- NOTICE OF APPEAL FROM A SUBORDINATE COURT TO THE HIGH COURT- COURT IN WHICH SUCH NOTICE MAY BE FILED- RATIONALE THEREOF
NOTICE OF APPEAL- PLACE OF LODGING A NOTICE OF APPEAL- APPEAL FROM SUBORDINATE COURT TO THE HIGH COURT- WHETHER AGGRIEVED PARTY MUST LODGE HIS NOTICE OF APPEAL TO THE SUBORDINATE COURT
NOTICE OF APPEAL FROM THE DISTRICT COURT TO THE HIGH COURT- FORMAT FOR SUCH NOTICE- NOTICE TITLED””IN THE DISTRICT COURT OF BUKOBA”INSTEAD OF “IN THE HIGH COURT OF TANZANIA”-WHETHER THE APPEAL IS INCOMPETENT- SECTION 361(1) AND 379(1) OF THE CPA
NOTICE OF APPEAL- NOTICE TO BE LOOKED AT AS A WHOLE- MINOR IMPERFRCTIONS IN THE NOTICE SHOULD NOT INVALIDATE THE NOTICE
NOTICE OF APPEAL FROM SUBORDINATE COURT TO THE HIGH COURT- FORMAT OF SUCH NOTICE- NOTICE TITLED ÏN THE RESIDENT MAGISTRATE’S COURT”INSTEAD OF “IN THE HIGH COURT OF TANZANIA”-EFFECT THEREOF-SECTION 361(1) AND 379(1) OF THE CPA CONSTRUED- NOTICE OF APPEAL NAMES THE SECOND APPEALLANT”AND ANOTHER”IN LIEU OF HIS NAME”-WETHER DEFECT CURABLE- RULE 68 OF THE COURT OF APPEAL RULES, 2009
NOTICE OF APPEAL FROM THE DISTRICT COURT TO THE HIGH COURT- FORMAT OF SUCH-NAME OF THE TRIAL MAGISTRATE NOT INDICATED- WHETHER THE APPEAL IS INCOMPETENT- SECTION 361(1) (a) OF THE CPA
NOTICE OF APPEAL TO THE COURT OF APPEAL -CONTENT OF SUCH NOTICE- NOTICE NOT CONTAINING THE NATURE OF THE OFFENCE WITH WHICH THE APPELLANT WAS CONVICTED- EFFECT THEREOF- RULE 68 OF THE TANZANIA COURT OF APPEAL RULES 2009
NOTICE OF INTENTION TO APPEAL- APPELLANT (CONVICT) PRESENTED HIS NOTICE OF INTENTION TO APPEAL TO PRISON AUTHORITIES- NOTICE FOUND TO HAVE BEEN LODGED OUT OF TIME- GIVING NOTICE OF INTENTION TO APPEAL AND LODGING NOTICE OF APPEAL DISTINGUISHED- WHETHER SECTION 361(1) OF THE CPA REQUIRES A FORMAL FILLING OF NOTICE OF APPEAL TO THE HIGH COURT AGAINST A SUBORDINATE COURT’S DECISION
NOTICE OF INTENTION TO APPEAL- APPELLANT (CONVICT) PRESENTED HIS NOTICE OF INTENTION TO APPEAL TO PRISON AUTHORITIES- NOTICE FOUND TO HAVE BEEN LODGED OUT OF TIME- INTENTION TO APPEAL AND LODGING THE APPEAL DISTINGUISHED
NOTICE OF APOEAL LEAVE TO APPEAL OUT OF TIME- NO NOTICE OF INTENTION TO APPEAL GIVEN TO TRIAL MAGISTRATE- NO RECORD OF AN INFORMAL APPEAL GIVEN TO THE MAGISTRATE- WHETHER A LETTER APPLYING FOR COPIES OF PROCEEDINGS AND JUDGEMENT BE TREATED AS NOTICE OF INTENTION OF APPEAL
NOTICE OF APPEAL- ITS FUNCTION IN THE INSTITUTION OF CRIMINAL APPEALS- WHAT IT SETS IN MOTION- RULE 68(1) OF THE CAT RULES- WHETHER EXCHEQUE RECEIPT CAN INVOKE THE JURISDICTION OF THE COURT OF APPEAL- RULE 4(2)(a)
NOTICE OF ALIBI- NOTICE OF ALIBI RAISED WITHOUT HAVING FIRST FURNISHED THE PARTICULARS OF THE ALIBI TO THE COURT OR TO THE PROSECUTION- EXERCISE OF DISCRETION BY COURT-REQUIREMENTS FOR EXECISE OF JUDICIAL DISCRETION SECTION 194(6) OF THE CPA
NOTICE OF ALIBI- FAILURE TO GIVE NOTICE OF INTENTION TO PLEAD ALIBI- CONSEQUENCES OF FAILURE TO GIVE NOTICE OF INTENTION TO RELY UPON ALIBI SECTION 194(6) OF THE CPA
NOTICE OF ALIBI- PLEA RAISED FOR THE FIRST TIME AFTER CLOSURE OF PROSECUTION CASE- WITHOUT NOTICE OF THE PROSECUTION- WHETEHR PROPER- RATIONALE FOR THE PROVISIONS OF SECTION 194(4), (5) AND (6) OF THE CPA
NOTICE OF ALIBI- FAILURE OF ACCUSED TO DISCLOSE DEFENCE OF ALIBI BEFORE PROSECUTION CLOSES ITS CASE-EFFECT THREOF
NOTICE OF ALIBI- WHETEHR PRIOR NOTICE IS REQUIRED – ACCUSED HAS NO DUTY TO PROVE HIS ALIBI- SECTION 194(4) OF THE CPA
NOTICE OF ALIBI- REQUIREMENT OF NOTICE TO COURT AND THE PROSECUTION- FORM OF SUCH NOTICE- SECTION 194(4) OF THE CPA
NOTICE OF ALIBI- NOTICE OF INTENTION TO RAISE DEFENCE OF ALIBI- SECTION 194(4) OF THE CPA
NEW MATTER RAISED AT THE SECOND APPEAL
NEED TO EVALUATE EVIDENCE LAID IN THE SCALES AT THE TRIAL AND ASSIGNING REASONS FOR DECISIONS MADE
NO PARTICULAR NUMBER OF WITNESSES IS REQUIRED TO PROVE A CASE-WHAT MATTERS IS NOT THE NUMBER OF WITNESSES BUT THE QUALITY AND RELEVANCY OF THE EVIDENCE OF WITNESSES GIVE
NO PARTICULAR NUMBER OF WITNESSSES IS REQUIRED TO PROVE A FACT
NO PROSECUTION TESTIFIED TO HAVE SEEN THE APPELLANTS KILL THE DECEASED
NON CITATION OR WRONG CITATIONOF THE PROVISION IN THE STATEMENT OF THE OFFENCE
Non Inclusion of the Charge in the Record of Appeal, The Charge Sheet is Mandatorily Required to Be Included in the Record of Appeal
NON-CITATION AND CITATIONS OF INAPPLICABLE PROVISIONS IN THE STATEMENT OF OFFENCE
NOT ONLY WRONG AND NON-CITATION OD THE RELEVANT PROVISION OF LAW IN THE STATEMENT OF THE OFFENCE BUT ALSO FOR THE INSUFFICIENCY OF THE PARTCULARS OF THE CHARGE
NEW MATTERS ON APPEAL- MATTERS NOT TAKEN, PLEADED OR DECIDED BY THE TRIAL COURT NOT TO BE RAISED ON APPEAL
Narcotics trafficking — variance between information and evidence as to place of offence — material discrepancy fatal if unamended; proof of trafficking requires evidence of possession, control or other act; adverse inference where prosecution omits available key witnesses or material exhibits (CCTV, keys).
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OPINIONS OF ASSESORS- ASSESSORS ALLOWED TO CONSULT EACH OTHER AND THEREAFTER ONE OF THEM STATED THE OPINION ON BEHALF OF OTHERS- WHETEHR THE OPINION OF EACH OF THE ASSESORS OUGHT TO HAVE BEEN TAKEN ORALLY AND RECORDED SEPARATELY -SECTION 29891) OF THE CPA
ORDER DISMISSING CASE FOR WANT OF PROSECUTION-WHETEHR INTERLOCUTORY-WHETHER APPELLABLE- COURT PROHIBITS THE D.P.P FRM RE-ARRESTING THE ACCUSED AFTER DISMISSAL ORDER- REQUIRES PROSECUTION TO OBTAIN LEAVE BEFORE RE- CHARGING THE ACCUSED-WHETEHR COURT HAS SUCH POWER
RDER OF FORFEITURE NOT INDICATING UNDER WHICH LAW IT WAS MADE- EFFECT THEREOF
ORDER OF FERFEITURE- WHETHER COURT CAN ORDER DISTRIBUTION OF FORFEITED PROPERTY TO BENEFICIARIES
OFFENCE COMMMITTED WITHIN THE LOCAL LIMITS OF ANOTHER COURT-WHETHER THE PRIMARY COURT WAS DEPRIVED OF JURISDICTION- SECTION 19 OF THE THIRD SCHEDULE TO THE MAGISTRATE’S COURTS ACT
OATH AND AFFIRMATION-WITNESSES NOT SWORN- WITNESS NAME, AGE AND OTHER PARTICULARS NOT STATED- EFFECT THEREOF-
OATH AND AFFIRMATION- FAILURE TO ADMINISTER OATH OR AFFIRM A WITNESS- SECTION 198 (1) OF THE CPA
OATH AND AFFIRMATION- CHILD WITNESS- A CHILD WHO UNDERSTANDS THE NATURE OF AN OATH IS ENTITLED TO HAVE HER EVIDENCE TAKEN ON OATH- GIVING EVIDENCE WITHOUT TAKING AN OATH HAS ITS IMPLICATIONS-SECTION 198(1) OF THE CPA
OATH AND AFFIRMATION- WITNESS MUSLIMS BY RELIGION WERE SWORN INSTEAD OF BEING AFFIRMED- WHETHER THEIR TESTIMONY SHOULD BE NULLIFIED- SECTION 198(1) OF THE CPA
OATH AND AFFIRMATION-PAGANS -FORM OF AFFIRMATION BY A PAGAN- EVIDENCE GIVEN WITHOUT OATH- ITS EFFECT- SCTION 198(1) OF THE CPA AND SECTION 4 OF THE OATHS AND STATUTOTY DECLARATIONS ACT [CAP 34 R.E 2002]
ORDER FOR RETRIAL WHEN A DETECTED ERROR ON AN APPEAL HAS BEEN HELD TO BE FATAL
OFFENCE COMMITTED BEFORE THE ENEACTMENT OF THE SEXUAL OFFENCES
ORDER OF FORFEITURE, WHETHER COURT CAN ORDER DISTRIBUTION OF FOREFITED PROPERTY TO BENEFICIARIES
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Proceeds of Crime Act — s38(1) restraint orders; s39(3) pre-conviction conditions (reasonable grounds and tainted property); alleged proceeds and instrumentalities of illegal mineral trading; interim preservation — deposit into Special Interim Management Account; prohibition on transfer and custody of vehicle.
PLEAS- PLEAD OF GUILTY- WHETHER AND UNDER WHAT CIRCUSTANCES A CONVICTION ON ACCUSED PERSON’S OWN PLEA OF GUILTY IS APPELLABLE- NEED FOR THE COURT TO BE SATISFIED THAT THE ACCUSED WHO PLEADS GUILTY HAS NO DEFENCE TO THE CHARGE- SECTION 360(1) OF THE CPA
PROLONGED ADJOUNMENTS OF CRIMINAL CASE- ABSENCE OF COMPLAINANT/PUBLIC PROSECUTOR-DISCHARGE OF ACCUSED UNDER SECTION 198 OF THE CRIMINAL PROCEDURE CODE
PLACE AND TIME OF CRIMINAL TRIAL- NECESSITY FOR TRIAL TO BE HELD IN OPEN COURT-DEFINITION OF OPEN COURT- PART OF TRIAL IN PRIVATE PREMISES, AT NIGHT-WHETHER TRIAL HELD IN OPEN COURT; SECTION 76(1) IF THE CRIMINAL PROCEDURE CODE
TRIAL IN OPEN COURT- TRIAL HELD IN CHAMBERS- DOORS AND WINDOWS OPEN AND PUBLIC HAVING ACESS- WHETHER”IN OPEN COURT”SECTION 76 OF THE CRIMINAL PRROCEDURE CODE
PRELIMINARY HEARING- PURPOSE OF PRELIMINARY HEARING- WHETHER FAILURE TO HOLD A PRELIMANARY HEARING VITIATES PROCEEDINGS- SECTION 192 OF THE CPA AND RULE 3 OF THE ACCELERATED TRIAL AND DISPOSAL OF CASES RULES, 1988
PRELIMINARY HEARING- TRIAL COURT NOT HOLDING PRELIMNARY HEARING- NOT FATAL IF NO INJUSTICE OCCASSIONED
PRELIMINARY HEARING- WHETHER NECESSARY EVEN WHERE AN ACCUSED PERSON PLEADS GUILTY- EFFECT THEREOF
PRELIMINARY HEARING- POST-MORTEM REPORT TENDERED AND ADMITTED DURING PRELIMINARY HEARING- ACCUSED’S ADVOCATE SAYS HE HAS NO OBJECTION TO ITS ADMISSION- CONTENT OF THE POST- MORTEM REPORT NOT EXPLAINED TO THE ACCUSED-WHETHER PROPER
Prosecution proved 983.5g heroin trafficking; two accused convicted and sentenced to life, third acquitted.
Possession and knowledge – actual vs constructive possession – driver of vehicle not automatically in possession of concealed narcotics; prosecution must prove knowledge/control.
PRELIMINARY HEARING- CONTENTS OF MEMORANDUM OF MATTERS AGREED NOT READ OVER AND EXPLAINED TO ACCUSED- CAUTIONED AND EXTRA-JUDICIAL STATEMENTS MADE ND ADMITTED BY ACCUSED MUST BE INCOPORATED-SECTION 192(3) OF THE CPA
PRELIMINARY HEARING- ADMISSION OF A RETRACTED CAUTIONED STATEMENT AND OTHER DISPUTED ITEMS AS EXHIBITS DURING PRELIMINARY HEARING- WHETHER PROCEDURE PROPER SECTION 192 OF THE CPA
PRELIMINARY HEARING- CONTENTS OF MEMORANDUM NOT READ AND EXPLAINED TO ACCUSED -EFFECT THEREOF- SECTION 192(3) OF THE CPA
PLEA-ACCUSED CONVICTED WITHOUT HAVING BEEN ARRAIGNED- WHETHER PROPER-SECTION 228 OF THE CRIMINAL PROCEDURE CODE
PLEA NOT TAKEN ON A SUBSTITUTUTED CHARGE- WHETEHR THE OMISSION IS FATAL- SECTION 228(1) OF THE CPA
PLEA- CHARGES- WITHDRAWAL AND SUBSTITUTION OF CHARGES- WHETEHR OMISSION TO CALL UPON AN ACCUSED TO PLEAD TO THE NEW OR ALTERED CHARGE RENDERS A TRIAL A NULLITY
PLEA OF GUILTY- CHANGE OF PLEA- CIRCUSTANCES UNDER WHICH A CHANGE OF PLEA OF NOT GUILTY TO ONE OF GUILTY MAY NOT BE ACCEPTED
PLEA- FAILURE TO CALL ACCUSED TO PLEA IN SUBSEQUENT PROCEEDINGS BEFORE ANOTHER MAGISTRATE- ACCUSED HAD PLEADED NOT GUILTY IN THE SAME COURT BEFORE THE FIRST MAGISTRATE- CURRABLE IRREGULARITY- SECTION 346 OF CRIMINAL PROCEDURE CODE
PLEA OF GUILTY NOT ENTERED BY THE ACCUSED’S OWN WORDS BUT BY ADVOCATE OF THE ACCUSED WHO IN ADDITION, ADMITTED THE FACTS- WHETEHR THAT AMOUNTS TO A PLEA OF GUILTY
PLEA OF GUILTY AT PRIMARY COURT- ACUUSED CONVICTED ON HIS OWN PLEA OF GUILTY-ON AN APEAL ACCUSED ALLEGES PLEA WAS ENTERED BY THE MAGISTRATE AGAINST HIS WISH- WHAT TRIAL COURT SHOULD DO BEFORE CONVICTING AN ACCUSED ON HIS OWN PLEA GUILTY- WHAT AN APPELLATE COURT SHOULD DO ON APPEAL- ASSESSORS FAILURE OR OMMISSION TO INVOLVE ASSESSORS WHEN TAKING PLEA- WHETEHR DEFECT CURABLE
PLEA OF GUILTY THOUGH AN ADVOCATE- CIRCUSTANCES UNDER WHICH AN ACCUSED MAY PLEA GULITY THOUGH HIS ADVOCATE OR THE PLEA OF THE ACCUSED IN WRITTING MAY BE PRESENTED BY HIS ADVOCATE IN COURT AND ACCEPTED
PLEA OF GUILTY- WHETHER THE WORDS”IT IS TRUE i INJURED HER UNLAWFULLY AMOUNT TO UNEQUIVOCAL PLEA- IF NOT, WHETEHR THE POSITION WAS REMEDIED BY FACTS STATED BY THE PROSECUTION AND ADMITTED BY THE ACCUSED
PLEA- PLEA OF GUILTY- ACCUSED STATES”IT IS CORRECT”WITHOUT FURTHER ELABORATION-WHETEHR SUFFICIENT TO AMOUNT TO PLEA OF GULITY- STATEMENT OF FACTS BY PROSECUTION AFTER THE PLEA OF GUILTY- FACTS DISCLOSED A MERE REPETITION OF THE CHARGE-WHETEHR PROPER
PLEA OF GUILTY- AFTER PLEA OF GUILTY, PROSECUTION OMITS TO GIVE FACTS, MAGISTRATE PROCEEDS TO CONVICT-WHETHER CONVICTION PROPER
PLEAD OF GULITY-APPELLANT PLEADED GUILTY AND ADMITTED FACTS NOT CONSTITUTING THE OFFENCE CHARGED- WHETHER PLEA OF GUILTY UNEQUIVOCAL
PLEA OF GUILTY- PROSECUTOR TO RESTATE EVERY CONSTITUENT FACT THE CAHRGE TO ACCUSED
PLEAA- PLEA GUILTY- UNEQUIVOCAL PLEA OF GUILTY- APPELLANT PLEADED GUILTY WHILE STILL IN A CONFUSED STATE OF MIND AFTER SEVERE BEATING- WHETHER THE PLEA WAS UNEQUIVOCAL
PLEA–ACCUSED CONVICTED ON A PLEA OF GUILTY- CHANGE OF PLEA AFTER CONVICTIO, BEFORE SENTENCE- ACCUSED PLEADED GULITY AND THEN, DURING MITIGATION, REQUESTS TO CHANGE PLEA- WHETEHR THE COURT MAY REJECT THE REQUEST
PLEAD OF GULITY- ADDUCTION OF FACTS AFTER PLEA OF GUILTY- PROSECUTION ORDERED TO ADDUCE FACTS IN THE ABSENCE OF THE ACCUSED- WHETEHR PROPER-SECTION 226(1) OF THE CPA
PLEA-ACCUSED PLEADS AND STATES ÏT IS TRU”-WHETEHR THE PLEA AMOUNTS TO A PLEA OF GULITY
PLEA OF ÏT IS TRUE- FACTS DISCLOSING ANOTHER PERSON RESPONSIBLE FOR THE OFFENCE CHARGED- WHETEHR AN EQUIVOCAL PLEA OF GULITY- ADMISSION OF FACTS READ OVER BY PROSECUTION-WHETHER AN EQUIVOCAL PLEA OF GULITY- ADMISSION OF FACTS READ OVER BY THE PROSECUTION-WHETEHR MAKES A PLEA UNEQUIVOCAL
Prosecution proved possession of 174.77 kg heroin beyond reasonable doubt; the accused convicted and sentenced to life imprisonment.
PLEA-PLEA OF GULITY- EXTRA-JUDICIAL STATMENTS TENDERED IN COURT AS EXHIBITS WITHOUT THEIR CONTENTS BEING READ OUT TO THE ACCUSED PERSONS-ACCUSED PERSONS NOT OBJECTING TO TENDERING THEM- WHETEHER IT AMOUNTS TO UNEQUIVOCAL ADMISSION OF THE CONTENTS OF THE EXHBITS- WHETHER SUFFICIENT TO SIMPLY RECORD GENERALLY THE WORDS: ÄLL ACCUSED PERSONS- NO OBJECTION
POWER OF THE D.P.P TO WITHDRAW A CHARGES- CIRCUSTANCES UNDER WHICH THE COURT MAY INTERVENE AND REFUSE A PRAYER TO WITHDAWAL THE CHARGE UNDER SECTION 91(1) OF THE CPA(NOLLE PROSEQUI)
WITHDAWAL OF CHARGE AFTER A NUMBER OF PROSECUTION WITNESSES HAVE TESTIFIED-WHETEHR SUFFICIENT REASON MUST BE GIVEN- CONSENT TO WITHDRAWAL APPEARS TO BE PREJUDICIAL TO THE APPELLANT- WHETEHR THE COURT MAY REFUSE A PRAYER TO WITHDRAW
WITHDRAWAL OF CHARGE= CHARGE OF MURDER- HOW WITHDRAWAL- CHARGE WITHDAWAN AT THE SUBORDINATE COURT UNDER SECTION 98(a) OF THE CPA-WHETEHR WITHDRAWAL PROPER
POWER TO WITHDRAWAL CRIMINAL CHARGE- POWER TO WITHDRAW CRIMINAL CHARGES VESTED IN THE PROSECUTION NOT COURTS
PROCEDURE TO BE FOLLOWED IN IDENTIFICATION OF STOLENPROPERTY ALLEGED TO HAVE BEEN FOUND IN POSSESSION OF THE ACCUSED
POWERS TO ORDER A RETRIAL
PROOF OF DEATH OR CAUSE OF DEATH
PROCEDURE OF RECEIVING EVIDENCE OF A CHILD OF TENDER AGE
PURPOSE OF HOLDING IDENTIFICATION PARADE
POSITIVE EVIDENCE, CONVICTION BASED ON VISUAL OF MOONLIGHT, EVIDENCE OF COUPLES
PROCEDURES WHEN AN ACCUSED PLEADED GUILTY TO AN OFFENCE CHARGED
PLACE OF INQUIRY AND TRIAL PLACE OF SUING THE ACCUSED PERSON
PARTICULARS IN THE OFFENCE OF PIRACY
PARTICULARS OF CHAGRE NOT DISCOSING AN ESSENTIAL ELELMENTS OF THE OFFENCE CHARGED, CHARGE INCURABLY DEFECTIVE
PARTIES ARE BOUND BY THEIR OWN PLEADINGS AND NO PARTY SHOULD BE ALLOWED TO DEPART FROM HIS PLEADINGS
Prosecution failed to prove the accused owned or controlled premises where seized drugs were found; accused acquitted.
PENALTY FOR UNNATURAL OFFENCE COMMITTED TO A GIRL OF BELOW 18 YEARS OLD
PERSON CHARGED WITH BEING IN POSSESSION OF PROPERTY SUSPECTED OF HAVING BEEN UNLAWFULLY ACQUIRED IN ONE COUNT AND RELATING STOLEN PROPERTY IN ANOTHER COURT
Plea of Guilty is Followed by Conviction, Plea of Guilty Must Be Unequivocal, Proof of Victim Age, Sanctity of The Court Record
PLEA OF GUILTY MUST BE AN UNEQUIVOCAL -CLEAR
Plea of Guilty Must be Unequivocal, The Response Ni Kweli Nilimpa Mimba is Incomplete,
PLEA OF GUILTY MUST BE UNEQUIVOCAL
PLEA OF GUILTY MUST BE UNEQUIVOCAL-THE FACTS ADDUCED AFTER RECORDING A PLEA OF GUILTYSHOULD DISCLOSE AND ESTABLISHALL THE ELEMENTS OF THE OFFENCE CHARGED
PLEA OF GUILTY, UNEQUIVOCAL PLEA OF GUILTY, APPELLANT PLEADED GUILTY WHILE STILL IN CONFUSED STATE OF MIND AFTER BEATING
Procedure – Disposal of narcotics under Drugs Act s.36; inventory and magistrate’s order.
PLEA OF GUILTY, WHETHER THE PLEA WAS EQUIVOCAL
PLEA, CHANGE OF PLEA, ACCUSED PLEADED GUILTY AND THEN REQUESTS TO CHARGE PLEA, WHETHER THE COURT MAY REJECT THE REQUEST
Post-Mortem Report is Not the Only Proof of Death, Commencing The Trial Without Re-Reading the Charge Sheet
POWER OF HIGH COURT IN SUMMARY DISMISSAL
POWER OF THE COURT OF APPEAL ON A SECOND APPEAL
POWER OF THE COURT TO SUBSTITUTE LESSER OFFENCE
POWEWR OF REVISION TO RECTIFY ERRORS
preliminary objections must be pure points of law and not factual disputes (Mukisa Biscuits principle). * Statutory interpretation – s.48(2)(c)(vii) DCEA permits receipt or Third Schedule observation form (certificate of seizure); absence of receipt affects weight not admissibility.
PRAYERS HAS BEEN OVERTAKEN BY EVENTS NOT NECESSARY TO DETERMINE THE APPEAL
PRELIMINARY HEARING IS AIMED TO DETERMINE MATTERS NOT IN DISPUTE
Preliminary Hearing is Not Part of the Trial, The Principle of Adverse Inference, Reception of Evidence of a Child of Tender Age,
PRELIMINARY HEARING, ADMISSION OF A RETRACTED CAUTIONED STATEMENT AND OTHER DISPUTED ITEMS AS EXHIBITS DURING PRELIMINARY HEARING, WHETHER PROCEDURE WAS PROPER
PRELIMINARY HEARING, SECTION 192(3) OF THE CRIMINAL PROCEDURE ACT, CONTENTS OF MEMORANDUM OF MATTERS AGREED NOT READ OVER AND EXPLAINED TO ACCUSED, EFFECT THEREOF, SECTION 192(3) OF THE CRIMINAL
PRELIMINARY HEARING
PRINCIPLE OF ADVERSE INFERENCE
Principle of Constructive Possession, Informer is Protected, Sentence for a Person Convicted of Economic Offence
Principles Governing Reliability of the Circumstantial Evidence, Failure to Raise an Objection During the Admission of Exhibits, Best Witness in Criminal
PRIVATE PROSECUTIONS, PRINCIPLES GOVERNING PRIVATE
Procedure in Trials Before the High Court, Arraignment of an Accused Is Not Complete Until He Has Pleaded, Retrial Principle
PROCEDURE IN TRIALS BEFORE THE HIGH COURT
Procedure of Plea Taking at the Subordinate Courts, Plea of Guilty, Definition of A Prohibited Plant, Matters Not Riased
PROOF BEYOUND REASONABLE DOUBT
Proof of Accused Age, A Trial Within a Trial, Failure to Cross Examine a Witness, The Sentence for Rape Committed by a Person Who is Under 18 Years,
POCA s38(1) – ex-parte restraining orders – Director of Public Prosecutions’ power to seek restraint of property of persons convicted of serious offences.
Proof of Rape, Failure to Cross Examine a Witness, Reception of Evidence of a Child of Tender Age, A Document Must Be Read Out After Its Admission,
Proof of The Victim Age, Contradictions in Evidence, Penalty for Unnatural Offence Committed to A Child Under 18 Years,
Proof of the Victim Age, Two Schools of Thought
Provisions of The DCEA Relating to Search and Seizure are Subject to CPA, List of Intended Exhibits, A Charge Must Contain Sufficient Particulars
Provisions of the Law in Respect of Search and Seizure, Broken Chain of Custody, Identification of a Suspect at the Public Area
PUNISHMENT FOR IMPREGNATING A SCHOOL GIRL
Punishment Provision for The Offence of Rape, Reception of Evidence of a Child of Tender Age,
PRIMA FACIE CASE- PROSECUTION’S DUTY TO ESTABLISH AT LOWET A PRIMA FACIE CASE BEFORE AN ACCUSED CAN CALLED UPON TO MAKE HIS DEFENCE- PRIMA FACIEE CASE DEFINED
PRIMA FACIE CASE- NO CASE TO ANSWER- PRINCILES APPLICABLE- PRACTICE NOTES BY LORD PARKER, CJ- SECTION 293(1) OF THE CRIMINAL PROCEDURE CODE
PRIMA FACIE CASE- NO CASE TO ANSWER- CIRCUSTANCES IN WHICH A SUBMISSION OF NO CASE TO ANSWER MY BE UPHELD
PRIMA FACIE CASE- SUBMISSIONS OF NO CASE TO ANSWER- PURPOSES OF SUCH SUBMISSIONS- WHAT SHOULD BE CONSIDERED IN DECIDING WHETHER A CASE HAS BEEN MADE OUT AGAINST THE ACCUSED PERSON
PRIMA FACIE CASE- TRIAL COURT SUMS UP THE PROSECUTION EVIDENCE TO ASSESSORS BEFORE MAKING A RULING ON WHETHER THE ACCUSED HAS A CASE TO ANSWER-WHETHER ASSESSORS OPINIONS ARE REQUIRED AT THAT STAGE
PRIMA FACIE CASE- TRIAL MAGISTRATE HOLDING, IMMEDIATELY AFTER CLOSURE OF PROSECUTION CASE, THAT THE ACCUSED HAD COMMITTED THE OFFENCE CHARGED-WHETHER SUCH FINDING IS REQUIRED AT THAT STAGE- SECTION 293(2) OF THE
PRIMA FACIE CASE- RULING ON WHETHER THE ACCUSED HAS A CASE TO ANSWER-TRIAL JUDGE STATES, EVEN BEFORE SHE HAD HEARD THE ACCUSED’S DEFENCE, THAT, THE ACCUSED DID MURDER THE DECEASED-EFFECT THEREOF
PRIMA FACIE CASE- IN CONSIDERING WHETYHER A CASE HAS BEEN MADE OUT AGAINST AN ACCUSED THE COURT SHOULD CONSIDER NOT ONLY THE OFFENCE WITH WHICH AN ACCUSED PERSON WAS CHARGED BUT OTHER MINOR OFFENCES IN CONNECTION WITH IT
PROCEDURAL FLAWS CAPABLE OF DISPOSING OF THE APPEAL- PROCEDURE REQUIRES A PARTY TO SUBMIT FIRST ON THE PROCEDURAL FLAWS AND ONLY WITH THE LEAVE OF THE COURT MAY CONTINUE WITH SUBMISSION ON MERITS- ITS RATIONALE
R
Requirement to notify alibi under s.42 EOCCA; consequences of afterthought alibi
RETRIAL-ORGINAL TRIAL ILLIGAL OR DEFECTIVE- WHETHER RETRIAL SHOULD ALWAYS BE ORDERED-CIRCUSTANCES WHERE RETRIAL MAY BE ORDERED
RETRIAL-JUDGEMENT INCOMPLETE- CONVICTION NOT ENTERED- SECTION 171 OF THE CRIMINAL PROSECUTION CODE- WHETHER TO ORDER RETRIAL
REVISION- INTERLOCUTORY ORDERS- AN ORDER BY TRIAL COURT DENYING A PRAYER BY THE PROSECUTION TO WITHDRAW A CHARGE UNDER SECTION 91 OF THE CPA- WHETHER SUCH ORDER MAY BE SET ASIDE BY WAY OF REVISION -SECTION 592) (D) OF THE APPELLATE JURISDICTION ACT 1979 AS MANDED BY THE ACT NO. 25 OF 2002
REVISION-APPLICATION FOR REVISION OF SUBORDINATE COURTS DECISION FILED AFTER THE HIGH COURT HAS EXCERCISED ITS APPELLATE JURISDICTION- WHETHER PROPER
REVISION- DISTRICT COURT’S REVISIONAL POWERS- WHETHER A CONVICTION MAY BE SUSBSTITUTED OF AN ACQUITAL- LIMITATION PERIOD FOR EXRCISING REVISONAL POWERS- SECTION 18(2) OF THE MAGISTRATE’S COURTS ACT
REVISION-WHETHER REVISION CAN BE RESTORED TO WHERE THERE IS A RIGHT OF APPEAL- SECTION 293) OF APPELLATE JURISDICTION ACT 1979
REVISION – WHETEHR REVISON CAN BE RESORTED TO WHERE THERE IS A RIGHT OF APPEAL- SECTION 293) OF THE APPELLATE JURISIDCTION ACT 1979
REVISION – REVISONAL POWERS NOT TO BE ERCISED BEFORE MAKING AN INQUIRY ON WHETEHR AN APPEAL HAS BEEN OR LIKELY TO BE LODGED- RIGHT OF CONVICT TO BE HEARD ON REVISON- ARTILE 13(6) (A) OF THE CONSTITUTION AND SECTION 373 (2) OF THE CPA
REVISON- WHETHER JUDGE CAN MAKE A REVISON ON SATURDAY WHICH IS A NON- WORKING DAY AFTER CONSULTATIONS WITH THE RELATIVES OF THE CONVICT WHO HAD AN ADVOCATE-N WHETHER THE HIGH COURT SHOULD HEAR THE PARTIES ON REVION – NOTIFICATION TO THE D.P.P AND INVOLMENT OF ACCUSED’S ADVOCATE-S ECTION 374 OF THE CPA
REVISON- REVISONAL POWER OF THE COURT OF APPEAL- WHETEHR THE COURT OF APPEAL HAS POWER TO REVISE INTERLOCUTORY DECISONS OF THE HIGH COURT SECTION 493) OF THE APPELLATE JURISDICTION ACT
REVISON- WHETHER HIGH COURT HAS JURISIDCTION TO ALTER OR REVISE AN ORDER OF ACQUITATAL BY WAY OF REVISON, EVEN WHERE BTHE ACQUITTAL WAS ERRONEOUS
REVISON- APPLICANT APPRATELY NEEDING MENTAL MEDICAL ATTENTION WHILE IN PRISON- DUTY OF MEDICAL OFFICER IN CHARGE OF PRISON
REVIEW-NEITHER A CONSTITUTIONAL RIGHT NOR A STATUTORY RIGHT- CAN ONLY BE EXERCISED IN THE RAREST OF CASES – RULE 66 (1) OF THE COURT OF APEAL RULES, 2009
REVIEW- EXRCISE OF REVIEW POWERS BY THE COURT OF APPEAL – CIRCUSTANCES UNDER WHICH THE POWERS MAY BE INVOKED
REVIEW-GROUNDS FOR REVIEW- DEFECTIVE CHARGE- WHETEHR IT IS AN ERROR APPRARENT ON THE FACE OF THE RECORD AND IF SO- WHETHER IT CONSTITUTUTES GOOD GROUND FOR REVIEW- RULE 66(1) OF THE TANZANIA COURT OF APPEAL RULES
REVIEW – APPLICATION FOR REVIEW- DELAY IN LODGING APPLICATION- GROUNDS FOR DELAY-WHETEHR LAXITY AND INCOMPETENCE OF ADVOCATE IS AN EXCUSE FOR DELAY- LIMITATION-WHETEHR THE COURT OF APPEAL IS SUBJECT TO THE LAW OF LIMITATION ACT 1971
REVIEW- DELAY IN LODGING APPLICATION- EXTENSION OF TIME- GROUNDS FOR DELAY- NEED TO SHOW GOOD CAUSE FOR DELAY AND GROUNDS MENTIONED IN PARAGRAPHS (A) OR (B) OR (C) OR (D) OR (E) OF RULE 66(1) OF THE CAT RULES-AFFIDAVIT NOT SHOWING IF THE APPLICANT EVER APPLIED FOR COPIES OFTHE IMPUGNED DECISON- WHETHER HIS COMPLAINT THAT HE WAS NOT SUPPLIED WITH THE COPIES PROMPTLY MAY BE GROUND FOR EXTENSION OF TIME
RULING ON PRELIMINARY POINT RELATING TO JURISDICTION OF TRIAL COURT- WHETHER APPELABLE- WHETHER COURT OF APPEAL HAS JURISDICTION TO ENTERTAIN THE APPEAL
REVISION- ERROR IN WARRANT OF COMMITMENT TO PRISON- COURT CLERK PUTS WRONG NAME OF CONVICT IN WARRANT- WRONG PERSON IS IMPRISONED- REVISION WITHOUT HEARING PARTIES- REMEDY THEREFOR
REVISIONAL JURISDICTION OF THE COURT OF APPEAL- HOW REVISIONAL POWERS ARISE- PRINCIPLES UNDERLYING EXERCISE OF REVISIONAL JURISDICTION- APPELATE JURISDICTION ACT 1979
RIGHT TO DEFEND AND CALL WITNESSES- TRIAL MAGISTRATE FAILS TO INFORM THE APPELLANT OF HIS RIGHTS TO CALL WITNESSES IN HIS DEFENCE AND ALSO TO REQUUEST THE COURT TO ASSIST HIM TO COMPEL THEIR ATTENDENCE BY A COURT ORDER- WHETEHR THE FAILURE WAS FATAL
RIGHT TO CALL WITNESSES- MEDICAL REPORT IN PF3- NECESSITY FOR INFORMING THE ACCUSED OF HIS RIGHT TO CALL THE MEDICAL OFFICER WHO PREPARED THE PF3 -SECTION 240(3) OF THECPA
RIGHT TO DEFEND AND CALL WITNESSES- ACCUSED DENIED THE OPPORTUNITY TO CALL A DEFENCE WITNESS-INTENDED WITNESS NOT PRESENT AT THE SCENE OF CRIME-WHETHER AMOUNTED TO FAILURE OF JUSTICE -S ECTION 206 OF CRIMINAL PROCEDURE CODE
RIGHT OF ACCUSED TO MAKE FINAL SUBMISSIONS AFTER CALLING AND EXAMINING HIS WITNESS- SECTION 208, 281 AND 163 OF CRIMINAL PROCEDURE CODE
Rape is an Accusation Which is Easily Made, Hard to Be Proved and Harder to Be Defended by the Party Accused, Though Never So Innocent,
Reasons for Amendment of the Charge, Identification Parade, Evidence of Visual Identification,
REASONS FOR TAKING OVER THE CASE
RECALLING OF A WITNESS ON ACCUSED’S DEMAND, WHETHER MAGISTRATE HAS DISCREATION TO REFUSE SECTION 214(2)(a) of CPA
Reception of Evidence of a Child of Tender Age,
Reception of Evidence of a Child of Tender Age, Evidence Must Be Taken Under Oath or Affirmation, Hearsay Evidence,
Reception of Evidence of a Child of Tender Age, The Right to Be Heard,
RECEPTION OF EVIDENCE OF A CHILD OF TENDER AGE
Reception of The Evidence of a Child of Tender Age, Accused Cannot Be Convicted On the Weakness of His Defence
RECORDING CAUTIONED STATEMENT IN THE PRESENCE OF OTHER POLICE OFFICERS IN THE SAME ROOM IS FATAL
RECORDING OF EVIDENCE, TRIAL MAGISTRATE FAILED TO SIGN THE EVIDENCE OF EVERY WITNESS CONTRARY TO SECTION 210(1) OF THE CRIMINAL PROCEDURE ACT, WHETHER THE FAILURE IS CURABLE, SECTION 388 OF THE C
Released After Being Remanded by MATUMA, J for Disobedience of Court Orders,
REPRESENTATION, TRIAL CONTINUED WHILE SOME OF THE ACCUSED WERE NOT REPRESENTED BY COUNSEL, WHETHER IT WAS PROPER FOR TRIAL TO CONTINUE
REQUIREMENT TO READ OVER THE CHARGE TO THE ACCUSED IN A LANGUAGE HE WILL UNDERSTANDS FOR HIM TO PLEAD
RESTITUTION OF PROPERTY IN REVISIONAL PROCEEDINGS, SECTION 253(3) OF THE CRIMINAL PROCEDURE ACT
RESTRIAL PRINCIPLES
RETRIAL IDENTIFICATION
RETRIAL NOT TO BE ORDERED WHERE IT IS LIKELY TO CAUSE INJUNCTICE TO THE ACCUSED
RETRIAL PRINCIPLES
REVISIONAL JURISDICTION OF THE COURT OF APPEAL SECTION 4 OF THE AJA
REVISIONAL PROCEEDINGS, RIGHT OF CONVICT TO BE HEARD
RIDING TWO HORSES AT THE SAME TIME IS AN ABUSE OF COURT PROCESS
RIGHT OF ACCUSED TO CROSS EXAMINE THE WITNESS IN NEW CHARGE
Prior acquittal on a different document did not bar prosecution for alleged forgery of distinct minutes; plea dismissed.
RIGHT OF ACCUSED TO LEGAL REPRESENTATION, ACCUSED SHOWED INTENTION TO BE REPRESENTED SECTION 310 OF CPA
RULES OF STATURY INTERPRENTATION
RECCONCILIATION- OFFENCES FOR WHICH RECONCILIATION OF THE PARTIES MAY BE OPTED FOR- SECTION 134 OF CRIMINAL PROCEDURE CODE
RETRIAL AGAINST THE ACQUITTED ACCUSED PERSON- AUTRFOIS ACQUIT AND ISSUE ESTOPPEL
REVISIONAL POWERS OF THE HIGH COURT
RIGHT TO LEGAL REPRESENTATION BY COUNSEL- A CONSTITUTIONAL RIGHT- CONSEQUENCES OF DENIAL THEREOF- CASE FIXED FOR MENTION- COURT PROCEEDS WITH TRIAL -WHETHER PROPER
RIGHT TO LEGAL REPRESENTATION- REQUEST TO HAVE LEGAL RESPRESENTATION- NO UNREASONABLE DELAY-INTEREST OF JUSTICE
RIGHT TO LEGAL RESENTATION-LEGAL AID- CERTIFYING AUTHORITY- ACCUSED NOT REPRESENTED AT A TRIAL FOR MURDER-EFFECT THEREOF-LEGAL REPRESENTATION IN NON-CAPITAL OFFENCES
RIGHT OF ACCUSED TO BE DEFENDED BY ADVOCATE-ACCUSED ON BAIL FOR FIVE MONTHS- NO EFFORT TO GET ADVOCATE- ACCUSED’S APPLICATION ON HEARING DAY FOR ADJOUNMENT TO GET ADVOCATE REFUSED- WHETEHR REFUSAL PROPER
RIGHT TO LEGAL REPRESENTION-CIRCUSTANCES IN WHICH IT MAY LEGITIMATELY BE DENIEDÜNREASOBALE DENIED-UNREASONABLE DEFINED-WHERE COMPLEX ISSUES OF LAW OR FACTS INVLOVED
REFUSAL WITNESSES TO TESTIFY AFTER BEING SWORN- WHETHER SUCH WITNESS SHOULD BE TREATED AS A REFRACTORY WITNESS- SECTION 153 CRIMINAL PROCEDURE CODE
RECALL WITNESS- WITNESS RECALLED AFTER CLOSURE OF PROSECUTION CAE- WHETHER THE TRIAL COURT HAS DISCREATION TO RE- OPEN PROSECUTION CASE
RECALL OF WITNESS- AFTER THE PROSECUTION AND DEFENCE CLOSED THEIR CASES, THE MAGISTRATE RECALL S THREE PROSECUTION WITNESSSES”TO FILL A GAP IN THE PROSECUTION CASE AS REGARDS THE IDENTIFICATION OF THE ACCUSED”WHETEHR PROPER
RECORDING OF EVIDENCE- LAW GOVERNING MANNER OF RECORDING EVIDENCE-SECTION 210 AND 215 OF THE CPA-RULE 3(a) of the criminal (record of evidence) high court rules G.N nO. 28 OF 1953 AND 286 OF 1956
RECORDING OF EVIDENCE- TRIAL MAGISTRATE MUST COMPLY WITH THE MANDATORY PROVISIONS OF SUB- SECTION 3 OF SECTION 210 OF THE CPA WHEN RECORDING EVIDENCE FROM WITNESSES
RECORDING OF EVIDENCE- TRIAL MAGISTRATE FAILED TO SIGN THE EVIDENCE OF EVERY WITNESS CONTRARY TO SECTION 210 (1) OF THE CPA- WHETHER THE FAILURE IS CURABLE-SECTION 388 OF THE CPA
RECORDING OF EVIDENCE-WITNESSES FACED WITH PROBLEM OF SPEAKING AND HEARING DURING THE TRIAL- BUT SUCH PROBLEMS NOT REFLECTED IN THE PROCEEDINGS -SECTION 210 (a) OF THE CPA
RECORDING OF EVIDENCE- LANGUAGE PROBLEM IN TRANSALATING EVIDENCE FROM KISWAHILI TO ENGLISH- NEED FOR TRIAL COURTS TO BE ALLOWED TO RECORD EVIDENCE IN KSWAHILI
RECORDING EVIDENCE- IRREGULARITY IN THE RECORDING OF EVIDENCE- EVIDENCE OF THE WITNESSES RECORDED IN REPORTED SPEECH INTEAD OF EXACT WORDS USED BY THE WITNESSES- SECTION 210(1)(a) and (b) OF THE CPA
RECORD OF APPEAL- APPEAL AGAINST A RULING- PETITION OF APPEAL ACCOMPANIED BY A COPY OF THE RULING AND NOT A COPY OF THE ORDER-WHETHER APPEAL IS COMPETENT- WHETHER MEANING OF WORD ÖRDE”INCLUDES A RULING- SECTION 362(1) OF THE CPA
Return of property – application of section 357 Criminal Procedure Act – conditions for restoration of property seized on apprehension. * Forfeiture – Proceeds of Crime Act (POCA) – requirement for formal application under section 9 and consequence of prosecution’s failure to file timely application.
S
STATUTTORY INTERPREATION- RIGHT OF THE ACCUSED TO GIVE EVIDENCE AND CALL WITNESSES, IF ANY THE WORD “SHALL”UNDER SECTION 293 (2) OF THE CPA INTERPRETED IN VIEW OF SECTION 388 OF THE CPA AND SECTION 53(2) OF THE INTERPRETATION OF LAWS ACT CAP 1
STATUTORY INTERPREATION- WHETEHR USE THE WORD”SHALL “IN A STATUTORY PROVISION ALWAYS MEANS THAT THE PROVISION I S MANDATORY- PURPOSIVE INTERPREATION AND STRICT INTERPREATION CONSTRUED- PUNISHMENT FOR ATTEMPTED RAPE IN RESPECT OF PERSONS AGED 18 YEARS OR YOUNGER
STATUTORY INTERPREATION- WHETHER A TOY PISTOL IS AN “ARM”WITHIN THE MEANING OF ARMS AND AMMUNITION ACT 1991 – RULE OF PURPOSE CONSTRUCTION
STATUTORY INTERPREATION- NOTICE OF APPEAL- APPEAL FROM SUBORDINATE COURT TO THE HIGH COURT-N WHERE SHOULD AN AGRIEVED PARTY LODGE HIS NOTICE OF APPEAL- SECTION 361(10 (a) AND SECTION 379 (1) OF THE CRIMINAL PROCEDURE ACT
STATUTORY INTERPREATION- WHETHER A STATUTE OF GENERAL APPLICATION CAN OVERRIDE A SPECIFIC STATUTE
STATUTORY INTERPRETATION- ACCUSED CHARGED UNDER TWO SEPARATE STATUTUTE FOR THE SAME OFFENCE- STATUTE VARYING IN SENTENCE- TRIAL COURT CHOSE TO PUNISH THE ACCUSED UNDER A STATUTE WHICH PROVIDES FOR LESSER SENTENCE- WHETHER PROPER
STATUTORY INTERPRETATION- THE PURPOSIVE APPROACH RULE
SECOND APPEAL- POINTS OF FACT- DUTY OF THE FIRST APPELLATE COURT- NON- DISCREATION AND MISDIRECTION BY THE LOWER COURT- WHETHER IT IS PROPER FOR THE APPELLATE COURT TO INTERFERE ON MATTERS OF FACT
SECOND APPEAL- CONCURRENT FINDINGS OF FACT- PRESUMPTION THAT DISPUTES ON FACTS ARE SUPPOSED TO HAVE RESOLVED AND SETTLED BY THE TIME A CASE LEAVES THE HIGH COURT
SENTENCING-WHETHER APPEAL COURT CAN ENHANCE SENTENCE WITHOUT AN APPEAL BY THE D.P.P-RULE 36 OF THE TANZANIA COURT OF APPEAL RULES
SECOND APPEAL- GROUNDS NOT RAISED BEFORE THE FIRST APELLATE COURT, RAISED ON SECOND APPEAL- EFFECT THEREOF
Search and seizure – Requirement for independent witness to DCEA search and exceptions to police as witness;
Search and seizure – requirement for independent witnesses; Disposal of perishable exhibits – compliance with section 36, right to be heard, inventory and weighing procedures; Chain of custody and admissibility of destroyed exhibits.
SERVICE ORDER- WHETHER IT CAN BE ACTED UPON- WHETHER IT IS MANDATORY FOR COURT ORDERS TO BE SIGNED AND DATED- EFFECT OF NON- COMPLIANCE
SENTENCING- COMMUNITY SERVICE- CONVICT’S SENTENCE OF IMPRISONMENT COMMUTED TO COMMUNITY SERVICE UNDER THE COMMUNITY SERVICE ACT- CIRCUSTANCES UNDER WHICH COMMUNITY SERVICE ORDER MAY BE REVOKED SECTION 3, 4 AND 5 OF THE COMMUNITY SERVICE ACT
SENTENCING- THE GENERAL COURT MARTIAL – MEMBER OF MILITARY SERVICE OFFENDER GIVEN A FORMAL WARNING AND SUBJECTED TO SIX MONTHS PROBATION THEN TRIED BEFORE THE GENERAL COURT MARTIAL AND SENTENCED- DIFFERENCES BETWEEN A FORMAL WARNING AND A REPROOF – TRIAL AFTER FORMAL WARNING, FOLLOWED BY REDUCTION IN RANK FROM CAPTAIN TO LIEUTENT- WHETHER TRIAL AND PUNISHMENT LAWFUL
SENTENCING- PRINCIPLES OF SENTENCING- SENTENCING AS MATTER OF JUDICIAL DISCRETION – SENTENCING PROVISIONS PROVIDING OF AN OPTION OF A FINE- WHETHER IMPRISONMENT PROPER -MATTERS TO CONSIDER IN SENTENCING- AGGRAVATING AND MITIGATING FACTORS
SENTENCING-MITIGATING FACTORS- PURPOSE OF MITIGATION- ACCUSED NOT GIVEN OPPORTUNITY OF SAYING SOMETHING IN MITATION- EFFECT THEREOF
SENTENCING-FACTORS TO BE TAKEN INTO ACCOUNT WHEN SENTENCING- PENALTY SECTION ONLY MENTIONS THE TERM OF IMPRISONMENT, NOT FINE-WHETHER THE COURT HAS DISCREATION TO IMPOSE A FINE- SECTION 27(3) OF THE PENAL CODE
SENTENCING-MITIGATION FACTORS- OBJECT OF PUNISHMENT- ACCUSED PLEADING GUILTY TO AN OFFENCE DESERVES MERCY FROM THE COURT
SENTENCING- NO PUNISHMENT PROVIDED FOR STATUTORY OFFENCE- POWER AND DUTY OF TRIAL MAGISTRATE
SENTENCEING-LIMIT OF THE POWERS OF SUBORDINATE COURTS IN IMPOSING SENTENCE OF IMPRISONMENT-MITIGATING FACTORS- SOME OF THE FACTORS TO CONSIDER IN IMPOSING SENTENCE
SETENCINGCONFIRMATION OF SENTENCE- WHETHER THE POWER OF CONFIRMATION CAN BE EXERCISED IN RELATION TO SENTENCES ILLIGALITY IMPOSED- ENHANCEMENT OF SENTENCE- ORDER OF ENHANCEMENT NOT TO PREJUDICE ACCUSED- SECTION 329 OF THE CRIMINAL PROCEDURE CODE
SENTENCING- TRIAL JUDGE SENTENCING ON THE BASIS OF REPEALED LAW WHOSE MAXIMUM SETENCE WAS LESS THAN THAT OF THE NEW LAW- PROPRIETY OF THE SENTENCE
SENTENCING POWER OF THE TRIAL MAGISTRATE- ECONOMIC CRIME CASE-OFFENCE FOR WHICH AN OPTION OF FINE IS PROVIDED DOES NOT CARRY A MINIMUM SETENCE
SENTENCING- SIMPLE ROBBERY- THE EORDS SHALL BE LIABLE TO IMPRISONMENT FOR FIFTEEN YEARS AS USED IN SECTION 286 OF THE PENAL CODE AND ITS EFFECT IN SETENCING- THE WORDS “LIABLE TO”DEFINED- AMENDEMENT OF SETENCING PROVISIONS FOR ROBBERY
SETENCING -UNLAWFUL PRESENCE IN TANZANIA- TRIAL COURT FELT BOUND TO IMPOSE THREE YEARS IMPRISONMENT- THE WORDS “SHALL BE LIABLE TO- IN SETENCING PROVISON CONSTRUCTED- WHETEHR THREE YEARS IMPRISONMENT MANDATORY
SENTENCIN- INTERPRETATION- THE WORDS “SHALL BE LIABLE TO”IN SETENCING PROVISION WITH OTHER QUALIFYING WORDS- ITS EFFECT ON THE COURT’S DISCREATION IN SENTENCING
SENTENCING- FIRST OFFENDER- MAXIMUM STENCE SHOULD RARLY TO IMPOSED FOR A FIRST OFFENCE
Search and seizure — emergency/urgency exception to warrant requirement; Seizure documentation — evidential weight of certificate vs oral testimony; Chain of custody — acceptable by combination of paper trail and oral evidence; Alibi — late disclosure and court’s discretion to disregard; Sampling sufficiency — GCLA procedures govern samples; Labeling — acceptable when performed by authorized officers at ADU
Search and seizure – exigent circumstances may justify no warrant or independent witness. * Chain of custody – documentary trail and oral testimony can establish continuity of custody. * Defence procedure – failure to comply with alibi notice and lack of cross-examination undermining defence.
SENTENCING- ACCUSED, A FIRST OFFENDER, PLEADED GUILTY TO AN OFFENCE WHICH HAS AN OPTION OF FINE- TRIAL MAGISTRATE VIEWED THAT “A FINE ALBERT HEAVY, WOULD NOT MEET THE REQUIREMENT OF THIS CASE”AND SENTENCED HIM TO IMPRISONMENT- WHETHER PROPER- IMPORTANCE OF THE REFORMATIVE ASPECT OF PUNISHMENT-WHEN CAN EXEMPLARY PUNISHMENT BE IMPOSED
SENTENCING-IMPRISONMENT AND FINE- ACCUSED SETENCED TO SERVE TERMS OF IMPRISONMENT AS WELL AS PAY FINES FOR THE SAME OFFENCES- SENTENCES TO RUN “CONCURRENTLY- WHETHER PROPER
SENTENCEING- PREVIOUS CRIMINAL RECORD AND ITS EFFECT IN SENTENCING- NEED FOR PREVIOUS CONVICTION TO BE STRICTLY PROVED
SENTENCING-IMPOSITION OF CONSECUTIVE SENTENCES- TRIAL MAGISTRATE IMPOSING CONSECUTIVE SENTENCES OF 30 YEARS IMPRISONMENT AND 12 STROKES OF CORPORAL PUNISHMENT MAKING IT 60 YEARS AND 24 STROKES- WHETHER PRACTICALLY SIGNIFICANT AND JUSTIFIABLE
SENTENCING- CORPORAL PUNISHMENT- ACCUSED CONVICTED OF TWO DISTINCT OFFENCES PUNISHABLE BY CORPORAL PUNISHMENT- WHETHER ONE SENTENCE OF CORPORAL PUNISHMENT MAY BE PASSED IN RESPECT OF ALL OFFENCES- SECTION 10 OF THE CORPORAL PUNISHMENT ORDINANCE CAP 17
SENTENCING- ACCUSED WITHOUT FIRST BEING CONVICTED- WHETEHER SENTENCE LAWFUL
SENTENCING- SENTENCES IMPOSED UNDER CONVICTIONS IN SEPARATE TRIALS- WHETHER THEY CAN RUN CONCURRENTLY- SECTIN 136(1) OF THE CRIMINAL procedure CODE
SENTENCING- OMNIBUS SENTENCE- CIRCUSTANCES UNDER WHICH PERMISSIBLE
SENTENCING- WHETHER THE SENTENCE OF 30 YEARS IMPRISONMENT APPLICABLE TO ARMED ROBBERY MAY BE IMPOSED ON AN ACCUSED PERSON CHARGED WITH SIMPLE ROBBERY UNDER SECTION 285 AND 286 OF THE PENAL CODE- SECTION 5(b) OF THE MINIMUM SENTENCES ACT AS AMENDED BY ACT NO. 10 OF 1989 AND ACT NO. 6 OF 1994
SENTENCINGSENTENCE CONDITIONAL DISDCHARGE AND ORDER TO PAY COMPENSATION-WHETHER CONVICT MAY BE REMANDED UNTILL COMPENSATION IS PAID
SENTENCING- ORDERS OF COMPENSATION IN CRIMINAL CASES- COURT ORDERS PAYMENT OF COMPENSATION FOR VALUES NOT PROVED- WHETHER PROPER
SENTENCEING- COMPENSATION ORDER- CIRCUSTANCES UNDER WHICH COMPENSATION MAY BE ORDERED- EVIDENCE REQUIRED- SECTION 179 OF THE CRIMINAL PROCEDURE CODE
SENTENCING- COMPENSATION ORDER- ENFORCEMENT NEED NOT AWAIT THE RELEASE OF THE ACCUSED FROM PRISON- MAY BE ENFORCED BY ATTACHING ACCUSED’S PROPERTY WHILE HE IS SERVNG HIS PRISON TERM
SENTENCING- COMMUNITY SERVICE ORDER- COMMUNITY SERVICE ORDER ISSUED WITHOUT COMPLYING WITH THE RELEVANT PROCEDURE- UNDATED COMMUNITY SERVICE ORDER- WHETHER
SUMMING UP TO THE ASSESSORS- COURT SHOULD NOT INFLUENCE ASSESSORS
SUMMING UP ASSESSORS-NO DETAILED INFORMATION GIVEN TO ASSESSORS ABOUT THE DEFENCE OF ALIBI AND INGREDIENTS OF THE OFFENCE F MURDER-ASSESSORS CROSS EXAMINING WITNESS-DESPITE IRREGULARITIES, NO MISCARRIAGE OF JUSTICE OCCASSIONED TO THE APPELLANTS-EFFECT THEREOF
SUMMING UP TO ASSESSORS- TRIAL JUDGE DISCLOSING HIS VIEWS TO THE ASSESSORS -WHETHER THE ASSESSORS ARE THEREBY INFLUENCED
SUMMING UP TO ASSESSORS IMPROPERLY MADE- ITS EFFECT TO THE PROCEEDINGS-SECTION 278 (1) OF THE CPA
SETTLEMNT OUT OF COURT- TRIAL COURT ORDER STAY OF PROCEEDINGS PENDING SETTLEMENT OF CRIMINAL DISPUTE OUT OF COURT- WHETEHR WOUNDING IS AMONG THE OFFENCES CAPABLE OF SETTLEMENT BY RECONCILATION
SETTLEMENT OF CRIMINAL CASE OUT OF COURT- OFFENCES FOR WHICH SETTLEMENT OF COURT IS ALLOWED- WHETHER THEFT IS ONE OF THEM- MEANING OF PERSON OR PRIVATE NATURE- SECTION 86(a) and 134 OF THE CRIMINAL PROCEDURE CODE
SUBATITUTION OF CHARGE- FORMER CHARGE CEASES TO EXIST- ACCUSED MUST BE CALLED UPON TO PLEAD TO THE SUSBSTITUTUTED CHARGE- FAILURE TO READ OVER THE SUBSTITUTED CHARGE TO THE ACCUSED IS FATAL TO THE PROCEEDINGS
SUSTITUTUTED CHARGE- JOINT CHARGE NOT READ TO THE ACCUSED PERSONS AT THE SAMETIME- ACCUSED ARRAINGED ON DIFFERENT DATES- WHETEHR THE SAME WOULD RENDER TRIAL A NULLITY
SEARCH-SEARCH OF THE ACCUSED’S HOUSE IMPROPERLY CONDUCTED- OWNER OF THE HOUSE (ACCUSED) AND CIVILIAN WITNESSSES DID NOT ACCOMPANY THE POLICE OFFICER WHEN HE WALK INTO THE HOUSE TO CONDUCT SEARCH
SEARCH-REQUIREMENTS=SECTION 118 OF THE CR. CODE-SECTION 34 OF THE P;OCE FORCE ORDINANCE
seizure certificate’s authenticity is a factual issue; a clerical committal error does not bar its admission if no prejudice occurred
SEARCH-MANDATORY CONDITIONS TO BE OBSERVED IN CONDUCTING SEARCH- SECTION 114(1) AND (2) OF THE CRIMINAL PROCEDURE DECREE CHAPTER 14 OF THE LAWS OF ZANZIBAR
SEARCH- PROCEDURE FOR CONDUCTING SEARCH NOT FOLLOWED-EFFECT THEREOF -SECTION 38(1) AND (3) OF THE CPA
SERACH AND SEIZURE- NO CERTIFICATE OF SEIZURE ISSSUED FOR PROPERTIES ALEGEDLY FOUND IN THE ACCUSED’S HOME-PROPERTIES NOT IDENTIFIED BY SPECIAL IDENTIFICATION MARKS OR DESCRIPTION: SECTION 38(3) CPA.
SCOPE OF THE APPLICABILITY OF THE LAW OF THE CHILD
SUBSTITUTION OF CONVICTION
Seizure procedure – requirement for independent witness and consistent testimony
STEPS TO BE FOLLOWED IN ORDER TO CONDUCT PRELIMINARY HEARING-CONSEQUENCES FOR FAILURE TO CONDUCT PRELIMINARY HEARING
SANCITY OF THE COURT RECORD- THERE IS ALWAYS A PRESUMPTION THAT A COURT RECORD ACCURATELY REPRESENTS WHAT HAPPENED
SEARCH CONDUCTED WITHOUT WARRANT-ILLEGAL SEARCH
SECTION 21(1) (a) (2) OF THE NPA DOES NOT CREATE THE OFFENCE OF UNLAWFUL ENTRY INTO A GAME RESERVE
SECURITY TO APPEAR IN THE COURT OF APPEQAL
Selection of Assessors, Involvement of Assessors in Criminal Trials Before the High Court, Improper Summing Up to Assessors,
Selection of Assessors, Involvement of Assessors in Criminal Trials Before the High Court, Improper Summing Up to Assessors
SENTENCE FOR FORGERY OF CHEQUES AND UTTERING THE FALSE DOCUMENTS
Search and seizure – statutory requirement for independent witness; credibility and production of independent witnesses material to admissibility. * Burden of proof – prosecution must prove possession and lawfulness of seizure beyond reasonable doubt.
SENTENCE FOR FORGERY OF THE BANK STATEMENTS AND OBTAINING MONEY BY FALSE PRETENCE
SENTENCE FOR MANSLAUGHTER , APPELLANT SENTENCED TO SEVEN YEARS IMPRISONMENT, WHETHER THE SENTENCE IS PROPER
SENTENCE FOR RAPE
SENTENCE FOR UNATURAL OFFENCE
SENTENCE OF ARMED ROBBERY
SENTENCE OF THITY YEARS IMPRISONMENT WHERE ACCUSED PLEADED GUILTY TO THE OFFENCE OF MANSALUGHTER, WHETHER THE SENTENCE IMPOSED WAS EXCESSIVE
SENTENCE OF TWENTY YEARS IMPRISONMENT WHERE ACCUSED PLEADED GUILTY TO THE OFFENCE OF MANSLAUGHTER, WAS OUTRAGOUSLY PROVED BY MISCONDUCT OF HIS INFIDEL SPOUSE, WHETHER SENTENCE IMPOSED WAS EXESSIV
SECURITY IN CRIMINAL APPEALS- WHETHER THE HIGH COURT CAN ORDER A PRISON WHOLE APPEAL IT HAS ALLOWED TO PROVIDE SECURITY TO APPEAR IN THE COURT OF APPEAL AT THE INSTANCE OF THE D.P.P-SECTION 358(2) OF THE ZANZIBAR CPA NO. 7 OF 2004
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Trafficking in narcotic drugs – Statutory disposal, sampling and photographic procedures under section 36 DCE Act must be strictly followed.
TEMPORARY INJUNCTION- WHETHER A PRIMARY COURT MAY SUE AN EXPARTE ITERIM IJUNCTION IN CRIMINAL CASE- WHETHER THE SAME MAY BE EXPARTE- SECTION 17(1) AND (2) OF THE PRIMARY COURT CIVIL PROCEDURE RULES
THE GENERAL COURT MARTIAL- LACK OF AN ORDER APPOINTING A PROSECUTOR FOR THE GENERAL COURT MARTIAL- APPOINTMENT OF A PROSECUTOR FOR EACH GENERAL COURT MARTIAL MNDATORY- DEFENCE FORCES REGULATIONS REFERRING TO ARTICLE
TRIAL WITHIN TRIAL- DISTINGUISHED FROM AN INQUIRY- TRIAL WITHIN TRIAL MORE ADVERSARIAL THAN INQUIRY- PROCECSS OF INQUIRY SUGGESTS A ONE- SIDED PROCESS-WHETEHR IN DETERMINING VOLUNTARINESS OR OTHERWISE IN MAKING CONFESSION STATMENT, A SUBORDINATE COURT SHOULD HOLD A TRIAL WITHIN TRIAL OR INQUIRY
TRIAL WITHIN TRIAL- PROCEDURE TO BE FOLLOWED AT TRIAL WITH AID OF ASSESSORS WHEN THE DEFENCE DESIRES TO DISPUTE THE ADMISSIBILITY OF EXTRA-JUDUDICIAL STATMENT, OR PART THEREOF, MADE BY THE ACCUSED PERSON
TRIAL WITHIN TRIAL- PROCEDURE TO BE FOLOWED IN CONDUCTING TRIAL WITHIN A TRIAL- RETRACTED AND REPUDIATED CONFESSIONS DISTINGUISHED
TRIAL WITHIN TRIAL-ASSESSORS HEARD TESTIMONY DURING TRIAL WITHIN A TRIAL RELATING TO THE ADMISSION OF THE CAUTINED STATMENT WHICH WAS EVENTUALLY ADJUDGED ADMISSIBLE: EFFECT THEREOFTRIAL WITHIN A TRIAL- DUTY OF SUBORDINNATE COURTS TO HOLD A TRIAL WITHIN A TRIAL WHENEVER AN ACCUSED’S CONFESSION STATAMENT IS EITHER REPUDIATED OR RETRACTED BEFORE IT ADMITTED IN EVIDENCE-EFFECT OF FAILURE TO DO SO
TRIAL WITHIN TRIAL- TO DETERMINE ADMISSIBILITY OF REPUDIATED CONFESSION-WHETHER TRIAL WITHIN A TRIAL MAY BE ONDUCTED BY A DISTRICT COURT
TRIALWITHIN TRIAL IMPROPERLY CONDUCTED- FAILURE TO ADMINISTER OATH OR AFFIRMATION ON A WITNESS IN A TRIAL-WHETHER FATAL SECTION 198(1) OF THE CPA
TRIAL WITHIN TRIAL- SCOPE OF- FINDING ON THE GENERAL CHARACTER OF AN ACCUSED FALING WITHIN THE SCOPE OF THE MAIN TRIAL-WHETHER SUCH FINDINGS EXPRESSED AFTER TRIAL WITHIN TRIAL A TRIAL HAVE THE EFFECT OF VITIATING A FAIR TRIAL
TRIAL IN ABSENTIA- WHEN PROVISIONS OF SECTION 226 OF THE CPA CAN BE INVOKED
TRIAL IN ABSENTIA- ACCUSED JUMPED BAIL BEFORECLOSE OF PROSECUTION CASE- WHETHER COURT MAY CONTINUE WITH THE HEARING IN THE ABSENCE OF THE ACCUSED SECTION 202A OF THE CRIMINAL PROCEDURE CODE
TRIAL IN ABSENTIA-WHETHER A SUBORDINATE COURT CAN PROCEED WITH TRIAL IN THE ABSENCE OF THE ACCUSED WHERE AFTER CLOSURE OF THE PROSECUTION’S CASE, THE ACCUSED FAILS TO APPEAR AT THE DATE FIXED FOR HIS DEFENCE
TRIAL-ACCUSED ESCAPE-WHETHER ADVERSE INFERENCE CAN BE DRAWNCONVICTION IN ABSENTIA- PROCEDURE FOR CONVICTING AN ACCUSED IN ABSENTIS
CONVICTION IN ABSENTIA- PROCEDURE OF HANDLING A CONVICT AFTER CONVICTION AND SENTENCE IN ABSENTIA
TRIAL IN CAMERA- SEXUAL OFFENCE CASES-IT PURPOSE
TRIAL HAD PREVIOUSLY CONVICTED THE ACCUSED IN AN EARLIER CASE -WHETHER NEW PROCEEDINGS AGAINST THE SAME ACCUSED SHOULD BE HELD BY ANOTHER MAGISTRATE
TRIAL IN CAMERA- SEXUAL OFFENCES- TRIAL SXUAL OFFENCES HELD IN OPEN COURT INSTEAD OF BEING HELD IN CAMERA- WHETHER THE TRIAL IS NULL AND VOID
TRIAL I N CAMERS- SEXUAL OFFENCES- EVIDENCE RECEIVED IN OPEN COURT AND NOT IN CAMERA- WHETHER THE OMMISSION IS CURABLE-SECTION 186(3) OF THE CPA AMENDED BY ACT NO.4 OF 1998
THE DIFFERENCE BETWEEN PLEA TAKEN DURING THE PRELIMINARY HEARING WITH THE ONE TAKEN BEFORE COMMENCEMENT OF TRIAL
THE MANNER HOW CREDIBILITY CAN BE DETERMINED
TYPES OF IDENTIFICATION
TRIAL WITHIN TRIAL, CONVICTION BASED ON SUSPICION, ASSESSORS, IDENTIFICATION
THE CASE TO BE PRIMA FACIE MUST BE SUCH THAT A REASONABLE TRIBUNAL PROPERLY DIRECTING ITS MIND TO THE LAW AND THE EVIDENCE CAN CONVICT IF NO EXPLANATION IS OFFERED BY THE DEFENCE
THE REQUIREMENT OF DNA TEST TO PROVE SEXUAL OFFENSES
THE TYPES OF IDENTIFICATION
THE SENTENCING-THE DEATH OCCURRING IN THE COURSE OF CHASTISEMENT BY A GUARDIAN IS categorized A LOW LEVEL
THE SIGN @ STANDS FOR “ALIAS” WHICH MEANS ALTERNATIVE IDENTITY OR ALSO KNOWN AS (“A.K.A)
THE RIGHT TO A FAIR TRIAL-THE RIGHT TO CROSS EXAMINE- THE RIGHT OF THE ACCUSED TO CROSS EXAMINE CO-ACCUSED-THE RIGHT OF ACCUSED PERSONS TO CROSS EXAMINE EACH OTHER
THE DUTY OF EXPERTS-EXPERTS OPINION CANNOT BE EASY IGNORED, REASONS MUST BE GIVEN
THAT THE INTENDED APPEAL HAS OVERWHELMING CANCES OF SUCESS IS NO LONGER A GOOD CAUSE FOR EXTENSION OF TIME
THE ABILITY OF A WITNESS TO NAME A SUSPECT AT THE EARLIEST POSSIBLE OPPORTUNITY IS AN ALL-IMPORTANT ASSURANCE OF HIS REALIBILITY
THE ACCUSED PERSON MUST PARTICIPATE IN THE PROCESS OF ORDERING DESTRUCTION OF THE EXHIBIT
THE ACCUSED PERSON MUST PLEAD TO THE SUSBSITUTED CHARGE AND BE INFORMED OF HIS RIGHT TO RECALL WITNESS
THE ACCUSED PERSON MUST PLEAD TO THE SUSBSITUTED CHARGE AND BE INFORMED OF HIS RIGHT TO RECALL WITNESS
THE APPELLANT CHARGED WITH THE OFFENCE OF MURDER, PLEADED GUILTY TO THE LESSER OFFENCE OF MANSLAUGHTER AFTER CONVICTION THE COURT SENTENCED HIM TO IMPRISONMENT FOR TWENTY YEARS.
THE APPLICABILITY OF DOCTRINE OF ESTOPEL IN CRIMINAL TRIALS IN TANZANIA
The Claim of Being Impotent, Sentence for Unnatural Offence Committed to A Child Under 18 Years is Life Imprisonment,
The Consent and Certificate of the DPP Conferring Jurisdiction Upon the Court to Try Economic Case
The Consent and Certificate of the DPP Must Be Endorsed by the Subordinate Court, Retrial Principles,
THE COURT CANNOT EXERCISE ITS REVISIONAL POWERS WHILE HEARING AN APPEAL WHICH IS TIME BARRED
The Court Must Consider Mitigation Factors to the First Offenders During Passing the Sentence
THE COURT OF APPEAL AS A SECOND APPELLATE COURT IS MANADATED TO DEAL WITH MATTERS OF LAW ONLY BUT NOT MATTERS OF FACT
The Credibility of Witnesses, There is No Lawful Sexual Intercourse with a Girl Who is Under 18 Years, Penetration However Slight Is Sufficient
THE DEFENCE OF ALIBI
The Defence of Insanity, Circumstances Where Insanity May Be Raised, Retrial Principles,
THE DETENTION OF ARRESTED PERSONSTAKING THE ACCUSED PERSON TO COURT BEYOND 24 HRSAFTER HIS ARREST
The Doctrine of Recent Possession, Sanctity of Court Record,
The Doctrine of Recent Possession, The Offence of Burglary and Stealing
THE DPP’S RIGHT TO APPEAL TO THE COURT OF APPEAL IS LIMITED TO SENTENCE OR ACQUITTAL-DPP HAS BEEN BARRED TO APPEAL AGAINST INTERLOCUTORY ORDERS OF THE COURT IN CRIMINAL CASES
The Essence of the Offence of Rape is Penetration, Penetration However Slight is Sufficient, Effect of Lack of Medical Evidence in Proving Rape
THE EXAMINATION AND WEIGHTING OF NARCOTIC DRUGS IS AN EXPERTISE WHICH IS THE DOMAIN OF THE GOVERMENT CHEMIST
THE FACT THAT A CRIME REMAINS UNDETECTED FOR A LONG TIME, CANNOT IN ITSELF MEAN THAT THE CULPRIT SHOULD GO SCOT-FREE EVEN AFTER DETECTING THE IT
THE FIRST APPELLATE COURT IS ENTILED TO RE-EVALUATE THE ENTIRE EVIDENCE ON RECORD AN MAY COME OUT WITH ITS OWN FINDINGS-RULE 36(1) OF THE TCAR
THE IMPORTANCE OF SECURING A SEARCH WARRANT BEFORE SEARCH-PURPOSE OF THE POLICE GENERAL ORDERS
THE INVOLVEMENT OF ASSESSORS IN CRIMINAL TRIALS BEFORE THE HIGH COURT-SUMMINGUP TO ASSESSORS
The Law Governing Extended Jurisdiction, Definition Order
THE LAW OR ACT COMES INTO OPERATION ON THE DATE OF PUBLICATION IN THE GAZETTE EXCEPT IF THE LAW PROVIDES OTHERWISE HOWEVER, WHERE SUCH CHANGES AFFECTS PROCEDURE ONLY, IT CAN OPERATE RESTROSPEC
THE MODE OF CHARGING OFFENCES
THE MODE OF FRAMING THE CHARGE
THE MODES OF CHARGING OFFENCES-DRAFTING OF A CHARGE
THE PARTIES WHO HAVE THE ERVICES OF AN ADVOCATE AT THE HEARING OF THE APPEAL, THEY HAVE THE RIGHT TO BRING TO THE COURTS ATTENTION TO THEIR GROUNDS OF APPEAL
The Police Powers of Search and Seizure, Illegal Search, Conditions for Admission of Illegally Obtained Evidence
The Position of the Law on Search and Seizure, Illegal Search
The Position of the Law Regarding Failure to Prevent a Crime, Definition Gang Rape is the Rape of One Person by a Group of Other People
THE PRE-CONVICTION PERIOD MAY ONLY BE CONSIDERED AS A MITIGATING FACTOR BUT IT CANNOT BE COUNTED AS EQUIVALENT TO TIME SERVED AS AN IMPRISONMENT TERM
THE PRINCIPLE OF FAIR TRIAL-JUSTICE SHOULD NOT ONLY BE DONE BUT IT MUST ALSO BE SEEN TO BE DONE
THE PROCEDURE OF PLEA TAKING AT THE SUBORDINATE COURTS
The Provision of the Interpreter to the Accused Who Does Not Understand the Evidence Given in a Language Not Understood by Him
THE PROVISIONS OF THE DRUGS CONTROL AND ENFORCEMENT ACT (DCEA) RELATING TO SEARCH AND SEIZURE WERE NOT INTENDED TO REPLACE THE CPA BUT RATHER SUBJECT THEM TO THE CPA
The Punishment Provision Must Be Stated in the Charge, The Mode of Framing the Charge, Amendment of the Charge
The Requirement for the Appellate Court to Consider All Grounds of Appeal, The Charge is the Foundation of Criminal Trial
THE REQUIREMENT THAT THE ACCUSED PERSON BE REMINDED THE CHARGE BEFORE TRIAL COMMENCE
THE REQUIREMENT TO CONDUCT IN CAMERA ALL TRIALS INVLOVING SEXUAL OFFENCES
The Requirement to File the Notice of Intention to Appeal Within Ten Days
THE REQUIREMENT TO READ OUT THE DOCUMENTS DURING COMMITTAL PROCEEDING
THE REQUIREMENT TO READ OUT THE WITNESS TESTIMONONIES TO THE WITNESSES AFTER THEY HAD TESTIFIED
THE REQUIREMENT TO READ OUT THE WITNESSES TESTIMONIES TO THE WITNESSES AFTER THEY HAD TESTIFIED S.210 (3) OF CPA-EFFECT ON NON COMLIANCE
The Right to Defend the Case, The Right to Be Heard, Failure to Grant a Prayer for Adjournment of a Case
The Right to Legal Representation, A Person in Need of Legal Aid Service Has a Duty Apply for Legal Aid, Credibility of Witnesses
The Right to Legal Representation, Trial Relating to Sexual Offences Should Be Conducted in Camera, Proof of Victim Age, Credibility of Witnesses
THE RIGHT TO REPRESENTATION IS NOT AUTOMATIC-THE PERSON IN NEED OF SUCH SERVICE HAS A DUTY TO ENGAGE AN ADVOCATE OR REPLY FOR LEGAL AID
The Rules of Court Must Be Obeyed, The Requirement to Account for Each Day of Delay, Extension of Time Upon Good Cause Being Shown
THE SECOND APPELLATE COURT CANNOT INTERFERE WITH THE CONCURRENT FINDINGS OF THE TWO COURTS BELOW EXCEPT FOR COMPELLING REASONS
THE SECOND APPELLATE COURT CANNOT INTERFERE WITH THE CONCURRENT FINDINGS OF THE TWO COURTS BELOW EXCEPT FOR THE COMPELLING RESONS
The Sentence for a Person Who Impregnates a Primary School or A Secondary School Girl, Appeals Against a Plea of Guilt
The Sentence for Impregnating a School Girl,
THE SENTENCE START TO RUN WHEN THE ACCUSED PERSON IS CONVICTED NOT WHEN HE WAS ARRESTED
THE SITUATION UNDER WHICH A PRISON STATUS OF A PERSON MAY CNSTITUTE SUFFICIENT CAUSE FOR GRANT OF EXTENSION OF TIME
The Suspect Must be Informed On the Reason For the Arrest, Emergence Search, Contradictions in Evidence, Chain of Custody, Retrospective
THE TEST FOR THE GRANT OF A RESTRAINING ORDER S.38 (1) (2) OF THE POCA
THE TEST FOR THE GRANT OF A RESTRAINING ORDER S.38 (1) (2) OF THE POCA
THE TRIAL JUDGE’S FAILURE TO APPEND SIGNATURE AFTER RECORDING THE EVIDENCE OF EVERY WITNESS
The Very Best of the Witnesses in Any Criminal Trial is an Accused Person Who Freely Confesses His Guilt, Oral Evidence Must Be Direct,
THERE IS NO LAW REQUIRING THAT AN ACCUSED MUST BE REMINDED A CHARGE BEFORE COMMENCEMENT OF PROSECUTION CASE
There is No Law that Required the Documents Admitted During PH to be Read Over in Court, Procedure in Trials Before Subordinate Courts
THERE IS NO SPECIFIC NUMBER OF WITNESSES REQUIRED TO PROVE A FACT
THREE ELEMENTS OF ARMED ROBBERY
Time Barred Criminal Appeal Shall Be Struck Out Not Dismissed, Right to Be Heard, Criminal Appeals From Subordinate Courts to the High Court,
Time Spent in Custody Must Be Deducted, No Particular Number of Witnesses is Required, Charge and Information Differs
TO CONSTITUTE A DEFENCE IN A CHARGE OF MURDER THE BELIEF IN WITCHCRAFT MUST BE FOUNDED ON SOME PHYSICAL AND NOT METAPHYISICAL ACT
TRANFER OF CASES, WHETHER THE CHIEF JUSTICE CAN TRANSFER A PARTY HEARD CASE FROM ONE JUDGE TO ANOTHER SECTION 13 OF THE HIGH COURT ACT
Transfer of a Prisoner from One Prison to Another is Good Cause for Extension of Time, Extension of Time the Applicant Being a Prisoner
Transfer of the Case to the Resident Magistrate with Extended Jurisdiction, Lack of the Transfer Order, Overriding Objective Principle,
Transfer of the Case to the Resident Magistrate with Extended Jurisdiction, Lack of the Transfer Order, Overriding Objective Principle,
Trial in Camera Sexual Offences, Failure to Cite Punishment Provision, Contradictions in Evidence, Best Evidence in Sexual Offences,
TRIAL MAGISTRATE FAILED TO INFORM THE APPELLANT OF HIS RIGHTS TO CALL WITNESS IN HIS DEFENCE AND ALSO TO REQUEST THE COURT TO ASSIST HIM TO COMPEL THEIR ATTENDANCE BY A COURT SECTION 231(4) OF TH
TRIAL WITHIN A TRIAL
TRIAL WITHIN A TRIAL TO ADMISSIBILITY OF A REPUDIATED CONFESSION
TRIAL WITHIN TRIAL, STATEMENT OF ACCUSED, BURDEN IS ON THE PROSECUTION TO PROVE THAT IT WAS MADE VOLUNTARLY
TRIAL, CONVICTION ENETERED BUT THE PASSING OF SENTENCE IS STAYED PENDING APPEAL,WHETHER PROPER IN LAW, SECTION 289(3) OF THE CRIMINAL PROCEDURE ACT
TERRIRORIAL JURISDICTION- CASE DESIGNATED TO TRIED BY THE RESIDENT MAGISTRATE’S COURT, BUT TRIED BY THE DISTRICT COURT-WHETHER THE DISTRICT COURT HAS TERRIRORIAL JURISDCITION TO TRY THE MATTER
TERRIRORIAL JURISDICTION-PROPERTY STOLEN IN TANZANIA BUT THE OFFENCE OF RECEIVING STOLEN PROPERTY IS CIMMITTED IN KENYA BY KENYANS-WHETHER TANZANIAN COURTS HAVE JURISDCITION TO TRY THEM
U
UNFITNESS OF ACCUSED TO FOLLOW PROCEEDINGS- ACCUSED IS DEAF-MUTE AND IT IS NOT POSSIBLE TO COMMUNICATE WITH HIM IN ANY WAY DURING TRIAL- WHAT SHOULD THE COURT DO-PROPER TEST TO APPLY
V’
VARIATION OF SENTENCE
VISUAL AND VOICE IDENTIFICATION IS TOO WEAK
VISUAL AND VOICE IDENTIFICATION
VARIANCE OF NAMES OF WITNESSES-FAILURE TO TENDER DEED POLL ON CHANGE OF NAMES
Variance Between the Charge and Evidence, Failure to Amend the Charge, Contradictions in Evidence, The Return of an Item to a Person
Variance Between the Charge and Evidence
VARIANCE BETWEEN THE CHARGE AND EVIDENCE
VARIATION OF SENTENCE BY APPELLATE COURT
VISUAL IDENTIFICATION EVIDENCE
VISUAL IDENTIFICATION OF EVIDENCE
VISUAL IDENTIFICATION
VISIT TO LOCUS IN QUO IN CRIMINAL TRIAL- VISITING THE SCENE OF EVENT- PURPOSE AND PROCEDURE
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WAY FOWARD WHEN THE DEFENCE CASE IS NOT CONSIDERED BY THE TRIAL AND THE FIRST APPELLATE COURT
WAY FOWARD WHERE THE TRIER FAILS TO SUM UP PROPERLY THE CASE TO ASSESSORS
When Accused is Charged with Both Economic and Non-Economic, DPP Certificate Conferring Jurisdiction Must Be Issued under S. 12 (4),
WHERE A PERSON COMMITS MORE THAN ONE OFFENCE AT THE SAME TIME AND IN THE SAME SERIES OF TRANSACTION, IT IS PROPER TO IMPOSE CONCURRENT SENTENCES
WHEN A TRIAL IS ADJOURNED, ASSESSOR MUST ATTEND ADJOURNED SITTING AT EVERY AND SUBSEQUENT SITTING UNTIL THE CONCLUSION OF THE TRIAL
WHERE AN ACCUSED PERSON PLEADS GUILTY TO THE CHARGE READ OVER TO HIM, THE COURT HAS NO OPTION BUT TO CONVICT HIM AND PASS A SENTENCE WITHOUT TRIAL
WHERE DEATH OCCURS AS A RESULT OF A FIGHT BETWEEN THE DECEASED AND THE ACCUSED THE ACCUSED, THE ACCUSED PERSON SHOULD BE FOUND GUILTY OF THE LESSER OFFENCE OF MANSLAUGHTER
WHERE ONE ACTS AMENDS ANOTHER ACT AMENDING ACT SHALL BE CONSTRUED AS ONE WITH THE AMENDED ACT
WHETHER A TOY OISTOL IS AN AMRM WITHIN THE MEANING OF ARMS AND AMMUNITION ACT
WHETHER AN AGGRIEVED VICTIM OF A CRIME CAN APPEAL AGAINST A DECISION OF A DISTRICT COURT WHERE THE DPP DOES NOT APPEAL
WHETHER APPELLATE COURT MAY ALTER A SENTENCE IMPOSED BY TRIAL COURT
WHETHER HEROIN HYDROCLORIDE IS ONE OF THE SUBSTANCES LISTED IN THE FIRST SCHEDULE TO THE DCEA AS DRUGS
WHETHER HIGH COURT HAS POWER TO SUMMARILY DISMISS ON APPEAL
WHETHER LABOUR OFFICER ARE PUBLIC PROSECUTORS WITH POWER TO INSTITUTE AND PROSECUTE CRIMINAL PROCEEDINGS
WHETHER LABOUR OFFICER MAY INSTITUTE AND PROSECUTE CRIMINAL PROCEEDINGS UNDER LABOUR LAWS
WHETHER REVISION CAN BE RESORTED TO WHERE THERE IS ARIGHT OF APPEAL
WHETHER THE APPELLATE COURT MAY ALTER A SENTENCE IMPOSED BY THE TRIAL COURT
WHETHER THE COURT MAY CONVICT OF MURDER WITHOUT REQUIRING THE ASSESSORS TO MAKE A FINDING WHETHER THE WORDS ULTERED WERE PROVOCATIVE
WHETHER THE HIGH COURT CAN ORDER A PERSON WHOSE APPEAL IT HAS ALLOWED TO PROVIDE SECURITY TO APPEAR IN THE COURT OF APPEAL AT THE INSTANCE OF THE DPP
WHETHER THE HIGH COURT CAN ORDER THE DPP TO LODGE AN APPEAL
WHO CAN ISSUE A TROPHY EVALUATION CERTIFICATE- DIFINITION OF GAME RANGER NO DIFFERENCE BETWEEN A WILDLIFE OFFICER A WILDLIFE RANGER A GAME RANGER OR WILDLIFE RANGER
Who Is Authorized to Issue a Trophy Valuation Certificate, Oral Evidence Can Prove the Case, Chain of Custody, Search and Seizure
WITCHCRAFT AS A DEFENCE TO MURDER-DEFINITION OF WITCHCRAFT
WITHDRAWAL OF THE APPEAL
WITNESSES OLY SAW APPELLANTS WITH THE DECEASED BODY
Wrong Citation of the Punishment Provision in A Charge, Contents of Every Charge or Information, Best Evidence in Rape,
WRONG CITATION OF THE PUNISHMENT PROVISION IN A CHARGE
WITHDRAWAL OF PROSECUTION UNDER SECTION 86(a) of the criminal procedure code-WITHDRAWAL CHARGE UNDER SECTION 86(a) of the criminal procedure code- court refuses consent to WITHDRAW, INSTEAD DISCHARGES ACCUSED UNDER SECTION 201
WITNESS EXPENSES- COMPLAINANT, IN CRIMINAL CASE, SENDING HIS WITNESSES FOR TRIAL IN PRIMARY COURT- WITNESSES NOT PAID EXPENSES BY THE PUBLIC-COMPLAINANT PAYS EXPENSES- WHETHER COMPLAINANT IS ENTILED TO RECOVER THE EXPENSES FROM THE ACCUSED PERSON
WITNESS CALLED BY COURT- WHETER MAY SUO MOTU CALL WITNESS IN CRIMINAL TRIAL- COURT DISBELIVES ITS OWN WITNESS- WEIGHT OF SUCH TESTIMONY-SECTION 151 AND 280 OF THE CRIMINAL PROCEDURE CODE
WITNESS- RECALLING OF A WITNESS ON ACCUSED’S DEMAND-WHETHER MAGISTRATE HAS DISCREATION TO REFUSE- SECTION 214(2) (a) OF THE CPA
Warrantless emergency search lawful under s.42(1) CPA when exigent circumstances exist. * Sentencing – Life imprisonment prescribed for trafficking of large quantity of narcotics; forfeiture and destruction orders.
Whether seized cash should be forfeited or returned under section 357 CPA after prosecution failed to pursue POCA.
Whether the prosecution proved beyond reasonable doubt that the accused trafficked 509.63g of heroin.
Y
Z