Abdallah Ally versus The Republic; Criminal Appeal No 253 of 2013; Court of Appeal of Tanzania at Dar es Salaam (Unreported)
- Criminal Procedure
- Conviction – the accused sentenced without conviction- effect
- Charge – accused under with statutory rape charged under non – existent/ wrong provision – effect.
Held:-
(i) In terms of the clear mandatory language used in sections 235 and 312 (2) of the CPA, there is no valid judgment without a conviction having been entered, as it is one of the prerequisites of a valid judgment.
(ii) The wrong and/or non – citation of the appropriate provisions of the Penal Code under which the charge preferred, may leave the accused unaware that he is facing a serious charge of statutory rape to enable him to come up with an appropriate defence. This lack of particulars may unduly prejudice the accused in his defence and, therefore, it vitiates the proceedings.