Handa Manyama versus The Republic

Handa Manyama versus The Republic; Criminal Appeal No. 115 of 2013:  Court of Appeal of Tanzania at Mtwara (Unreported).

• Evidence

• Charge sheet – the date of commission of crime given in the charge is different from the one stated in evidence – Effect.

Held:-

When a specific date of the commission of the offence is mentioned in the charge sheet, the defence case is prepared and built on the basis of that specified date.  If there is a variation in the dates and the charge is not amended the preferred charge will remain unproved and the accused shall be entitled to an acquittal as a matter of right short of that, a failure of justice will occur.