Leonard Mwanashoka versus The Republic; Criminal Appeal No. 226 of 2014: Court of Appeal of Tanzania at Bukoba (Unreported.
- Criminal Procedure
- Defence case – Failure to consider the defence case – effect.
- Charge sheet – particulars of the effect do not disclose all the ingredients of the offence –effect.
Held:-
(i) It is universally established jurisprudence that failure to consider the defence is fatal and usually vitiates the conviction.
(ii) It is settled law that where the definition of the offence charged (in this case attempt rape) specifies factual circumstances without which the offence cannot be committed, they must be included in the particulars of the offence.