- Case summary
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In "Abasi so Kasian Kilipasi vs Republic (Criminal Appeal No 515 of 2020)", Abasi Kasian Kilipasi, the appellant, was convicted for trafficking narcotic drugs. The Court of Appeal nullified the conviction, judgment, and sentence due to procedural irregularities. The trial court did not comply with section 234(2) of the Criminal Procedure Act after substituting the charge, which requires informing the accused of their right to have witnesses recalled for fresh evidence or further cross-examination. This non-compliance rendered the proceedings null, leading the Court of Appeal to quash the conviction, judgment, and sentence, and order the appellant's release.
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Cited documents 4
Judgment 4
- Balole Simba vs Republic (Criminal Appeal 525 of 2017) [2021] TZCA 380 (17 August 2021)
- Ezekiel Hotay vs Republic (Criminal Appeal 300 of 2016) [2018] TZCA 205 (1 October 2018)
- Godfrey Ambrose Ngowi vs Republic (Criminal Appeal 420 of 2016) [2019] TZCA 42 (11 April 2019)
- Joseph Charles Bundala vs Republic (Criminal Appeal 15 of 2020) [2021] TZCA 3532 (21 December 2021)