Juma Salum Ngondomama versus The Republic

Juma Salum Ngondomama versus The Republic; Criminal Appeal No 100 of 2013:  Court of Appeal of Tanzania at Mtwara (Unreported).

• Criminal Procedure

• Plea -a substituted charge was not read over and explained to the accused – Effect.

Held:-

The arraignment of an accused is not complete until he has pleaded. Where no plea is taken (including for substituted charge), the trial is a nullity.  The omission is not an irregularity which can be cured.