Amiri Omary versus The Republic

Amiri Omary versus The Republic; Criminal Appeal No 299 of 2015; Court of Appeal of Tanzania at Tanga (Unreported).

  • Criminal Procedure
  • Plea – trial judge failed to take Plea – whether fatal.
  • Charge – particulars of offence of rape do not include the important ingredient ‘lack of consent’ to disclose an offence of rape –effect.

Held:-

(i) A trial magistrate / judge have no legal mandate to proceed to hear the case without so much as reading out the charge and asking the accused to plead.  Failure to take a plea of the accused person means the accused person concerned has not undergone any trial.

(ii) When the particulars of offence of rape do not include the important ingredient of ‘lack of consent’ to disclose an offence of rape of an adult woman, the charge is defective.

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