Jeremiah John and 4 Others versus The Republic

Jeremiah John and 4 Others versus The Republic; Criminal Appeal No. 416 of 2013:  Court of Appeal of Tanzania at Bukoba (Unreported)

• Constitutional Law

• Fair hearing – the need to consider the defence case.

• Criminal Procedure.

• Defence case – failure to consider the defence case –effect.

Held:-

(i) Article 13 (6)(a) of the Constitution of the United Republic of Tanzania compels all Courts to give accused persons a fair or full hearing when determining their rights.  It is now settled law that this duty is not discharged when the court does not consider either at all or adequately, the defence case.  The law is equally established that failure to consider the defence case is fatal and usually leads to a conviction being quashed.

(ii) It is universally established jurisprudence that failure to consider the defence is fatal and usually vitiates the conviction.