Baltazar Gustaf & Another versusThe Republic; Criminal Appeal No 266 of 2014: Court of Appeal of Tanzania (Unreported).
- Criminal Procedure
- Charge sheet – charge sheet that does not disclose fully the particulars of the offence – Effect.
- Criminal Law
- Robbery – what are the essential ingredients of the offence?
Othman, C.J., Mbarouk, J.A and Luanda, J.A
The Appellants were charged with armed robbery C/SS 285 and 286 of the Penal Code, Cap 16 R.E 2002 at the District Court of Rombo at Mkuu. The charge sheet did not disclose the essential ingredient of the offence of armed robbery. The alleged victim of the use of or threat of use actual violence was not named in the particulars of the offence in the charge sheet.
Held:-
(i) Failure to name the victim of use or threat to use of actual violence in the particulars of the offence is an omission of an essential ingredient of the offence of armed robbery which has the effect of rendering the charge fatally defective. The defect cannot be cured under section 388(1) of the Criminal Procedure Act.
(ii) Particulars of the offence of robbery must not only contain the violence or threat but also the person on whom the actual violence or threat was directed.