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Citation
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Judgment date
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| October 2024 |
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Conviction for armed robbery upheld on recent possession, voluntary cautioned statement, and IMEI-based identification of stolen phones.
* Criminal law – Armed robbery – elements: stealing, use/threat of violence with dangerous instrument – proof established by victim injury and saw seized.
* Evidence – Doctrine of recent possession – requirements: ownership, possession by suspect, recentness, and nexus to charge; confession and recovery supported presumption.
* Criminal procedure – Recording of evidence (s.210 CPA) and reading of certificates of seizure – compliance upheld.
* Evidence – Cautioned statement – compliance with s.50(1) CPA; voluntariness and admissibility affirmed.
* Proof of ownership – identification by IMEI numbers accepted where receipts absent.
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21 October 2024 |
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Omission of the chair's signature to each witness's evidence is incurable and vitiates the tribunal's proceedings.
Land law – procedural irregularity – failure to append judicial signature to each witness's evidence – Order XVIII Rule 5, Civil Procedure Code (applied via s.49 LDCA and s.180 Land Act) – fatal irregularity – vitiation of proceedings – remittal for retrial.
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18 October 2024 |
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Uncertain oral employment terms and alleged immigration permit breaches cannot sustain a civil damages claim without clear enforceable obligations.
* Civil procedure – burden of proof – claimant must prove case on balance of probabilities (Evidence Act).; * Contract law – certainty of terms – agreement void if terms are uncertain (Law of Contract Act s.29).; * Employment-related disputes – oral/uncertain terms cannot create enforceable servitude obligations. ; * Immigration law – breaches of residence/work permit conditions are for immigration or criminal enforcement, not private civil remedy.; * Documentary evidence – exhibits insufficient to establish enforceable contractual refund obligations without certain terms.
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18 October 2024 |
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Concurrent factual findings that the appellant retained the respondent’s printer were upheld; appeal dismissed with costs.
* Civil procedure – appeal – second appeal challenging concurrent findings of fact – scope for interference only where findings are perverse or clearly wrong. * Evidence – balance of probabilities – proof of delivery and non-return of chattel (printer) entitling claimant to return or cash equivalent. * Process – sufficiency of summons particulars where claim stated as ‘TZS 950,000 or a printer’.
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18 October 2024 |
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Prosecution proved child rape: age, penetration and identity established; appeal dismissed.
* Criminal law – Rape of a child – elements: victim’s age, penetration and identity – proof beyond reasonable doubt. * Evidence – child witness competency, credibility and alleged coaching. * Medical evidence – medical officer’s findings (bruises, clots) corroborating penetration. * Procedural issues – delay in medical examination and non-tendering of DNA not fatal. * Appellate review – evaluation of contradictions and sufficiency of prosecution case.
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18 October 2024 |
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A dismissal for non-appearance was set aside where miscommunication about hearing time constituted sufficient cause and no prejudice arose.
Civil procedure — Application to set aside dismissal for non-appearance — Whether miscommunication on hearing time amounts to sufficient cause — Credibility of affidavits and absence of prejudice — Preference for determination on merits.
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18 October 2024 |
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18 October 2024 |
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Passenger may sue insurer directly under Motor Vehicle Insurance Act; general damages reduced and loss-of-income award set aside.
* Motor vehicle accident — third-party direct action against insurer under Section 10(1) Motor Vehicle Insurance Act — proof of accident and injury suffices without proving driver negligence. * Quantum of damages — general damages must be supported by evidence and assessed judicially; appellate intervention appropriate where award is inordinately high. * Loss of income — claim must be pleaded and proved with evidence of employment and earnings. * Specific/special damages — must be specifically pleaded and proved to be recoverable.
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18 October 2024 |
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Section 19 automatic exclusion applies to Taxation Causes; time runs from when judgment/decree is ready for collection.
Limitation – Law of Limitation Act s.19(2) – automatic exclusion of time spent obtaining judgment/decree – applicability to Taxation Causes (bills of costs) – computation from date document is ready for collection.
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18 October 2024 |
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Extension of time granted to file bill of costs due to excusable technical delay from electronic filing system migration.
* Civil procedure – Extension of time – Bill of costs – Whether migration/failure of electronic filing system and striking out with leave to refile constitute sufficient cause for extension – Diligence and accounting for delay – GN No.148/2018 (Electronic Filing Rules).
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18 October 2024 |
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Appeal allowed: suit land was insufficiently described, rendering tribunal proceedings incompetent and its judgment set aside.
Land law – Description of immovable property – Unsurveyed land must be described by size, boundaries, neighbours or landmarks; defective description renders proceedings incompetent and decree non‑executable; procedural requirements under Land Disputes Courts Regulations and CPC Order VII Rule 3.
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18 October 2024 |
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Whether contradictions in prosecution evidence and lack of proof of possession warranted quashing of the appellant’s trafficking conviction.
* Criminal law – Narcotic drugs – Trafficking – Proof of possession required to establish trafficking – Where accused is a passenger and owner/driver not produced, prosecution must prove possession beyond reasonable doubt. * Evidence – Witness credibility – Material contradictions between prosecution witnesses (vehicle identity) may render evidence unreliable and undermine conviction. * Appellate review – First appeal as rehearing – duty to re-evaluate and subject evidence to critical scrutiny.
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18 October 2024 |
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18 October 2024 |
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18 October 2024 |
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Maintenance order set aside for failure to consider statutory factors; matter remitted for social inquiry and fresh determination.
* Family law — Child maintenance — Court must consider factors in section 44 of the Law of the Child Act (income, earning capacity, financial responsibility for other children, cost of living).
* Procedure — Where factual material is insufficient, court must order a social inquiry report under section 45 of the Law of the Child Act and Rule 85 of GN. No. 182 of 2016.
* Access — Application for access is a separate remedy under the Juvenile Court Procedure Rules (section 63 of GN. No. 182 of 2016); failure to grant access cannot be faulted where no application was before the court.
* Appellate remedy — Quash and remit for social inquiry and fresh judgment when mandatory considerations were not applied.
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18 October 2024 |
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18 October 2024 |
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18 October 2024 |
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Appellate court quashed conviction for lack of proper jurisdictional documents and significant evidentiary defects.
* Criminal procedure – Jurisdiction – Validity of consent and certificate under Economic and Organized Crime Control Act – Requirement that properly authorized officer and correct statutory subsections be cited.
* Criminal law – Trial defects – Expert evidence and chain of custody – necessity to call government chemist/analyst and custodian of exhibits.
* Evidence – Variance between charge and prosecution exhibits – charge must be proved as laid.
* Criminal appeals – Retrial – retrial inappropriate where it would permit prosecution to fill gaps in evidence.
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18 October 2024 |
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Failure to tender the mandatory reconciliation-board certificate before filing for divorce renders proceedings and judgments a nullity.
* Family Law – Law of Marriage Act, s.101 – Mandatory referral to Marriage Reconciliation Board and production of certificate before instituting a divorce petition; failure renders proceedings a nullity. * Evidence – Documents not tendered and admitted as exhibits cannot be relied on by the court. * Procedural irregularity – non-compliance with mandatory statutory precondition vitiates ensuing judgments.
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18 October 2024 |
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Appeal allowed: conviction quashed due to unlawful search/seizure, unauthorized extra-judicial statements, and improper disposal of exhibit.
* Criminal law – standard of proof – prosecution must prove offence beyond reasonable doubt.
* Search and seizure – requirement to issue seizure receipt under section 38(3) CPA; failure is a grave error.
* Evidence – extra-judicial statements must be recorded by authorized persons per Chief Justice’s Guidelines; unauthorized recording by VEO expunged.
* Exhibits – disposal/inventory of perishable exhibits requires accused to be heard and photographs before disposal; failure undermines proof of exhibit and chain of custody.
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18 October 2024 |
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Lower tribunals lack jurisdiction to stay High Court execution once an appeal to the Court of Appeal is pending.
Appeal—Effect of filing notice of appeal: lower courts cease to have jurisdiction except for execution; District Land and Housing Tribunal lacks power to stay High Court execution while appeal pending; res judicata and abuse of process; execution proceeds unless Court of Appeal grants stay.
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18 October 2024 |
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Court granted open adoption and ordered name change and registration after finding statutory compliance and child’s welfare served.
Adoption — Law of the Child Act — requirement of Commissioner’s consent and social welfare investigation — appointment of guardian ad litem — adoption in child’s best interests — change of name and registration by Registrar General.
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18 October 2024 |
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Appeal partly allowed: private property excluded from division, shared assets apportioned 50/50, maintenance remitted for specific determination.
Family law – division of assets under s114 Law of Marriage Act – distinguishing private property from jointly acquired/improved assets; assessment of contributions; maintenance of children – obligations under s129–130 LMA and criteria under s44 Law of the Child Act; remit for specific maintenance determination.
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18 October 2024 |
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18 October 2024 |
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18 October 2024 |
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Court granted temporary injunction preventing bank from auctioning mortgaged residential plot pending the main suit.
Civil procedure – Temporary injunction – Application under Order XXXVII Rules 1 & 2 – Attilio v Mbowe principles: triable issue, irreparable harm, balance of convenience – Bank’s proposed auction of mortgaged residential property following 60-day default notice.
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18 October 2024 |
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Appellate court quashed conviction due to equivocal plea and inadequate recording, ordering a retrial.
Criminal procedure – plea of guilty – requirement to explain every ingredient of the offence and record accused’s admission or denial – prosecution to state explicit facts – equivocal plea – conviction nullified – retrial ordered.
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18 October 2024 |
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Taxation of awarded costs is not barred by a pending appeal; stay of execution, not striking out, is the appropriate remedy.
Advocates’ Remuneration Order – Taxation of bill of costs – Pending appeal does not bar taxation; taxation only ascertains amount; remedy is stay of execution – Time limit for taxation (Order 4) – Execution procedure.
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18 October 2024 |
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Applicant lacked the required interest in the estate; family meeting minutes are desirable but not mandatory for appointment.
Probate — Appointment of administrator — Requirement of being “interested in the estate” — Meaning includes heirs, spouse, devisee or creditor; family/clan meeting minutes helpful but not mandatory — Primary court may appoint a qualified person even without family minutes — Evidence that applicant was only a friend/special protector insufficient to qualify.
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18 October 2024 |
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Missing annexures to a plaint do not automatically defeat it if the cause of action is disclosed and the omission can be remedied.
Civil Procedure – Order VII Rule 14 – duty to produce or list documents referred to in the plaint; Preliminary objection – Mukisa test – whether point is pure law or requires factual ascertainment; Admission of documents later – interaction with Order VII R.18 and Order XIII; Company law – absence of board resolution not invariably fatal to suit.
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18 October 2024 |
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The High Court lacked pecuniary jurisdiction; jurisdiction is measured by the property’s value, not just the loan amount.
Land disputes — Pecuniary jurisdiction — Land Disputes Courts Act s.37(1)(a),(b) — Jurisdiction measured by value of immovable property/subject matter, not merely loan amount — Suit to be instituted in the lowest court competent (District Land and Housing Tribunal) — Suit struck out for lack of High Court pecuniary jurisdiction.
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18 October 2024 |
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Applicant failed to prove land ownership or tree destruction; tribunal’s locus visit and findings upheld and appeal dismissed with costs.
Land law – title and trespass – burden of proof of ownership and trespass; Evidence – credibility and weight of testimony versus locus in quo inspection; Boundaries – factual finding of cattle trail as natural beacon; Procedural fairness – right to be heard and use of language/interpreter; Documentary evidence – party’s duty to tender and no shown refusal to admit exhibits.
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18 October 2024 |
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Appeal allowed due to unreliable identification and prosecution's failure to call material witnesses, creating reasonable doubt.
Criminal law – Unnatural offence – Burden of proof beyond reasonable doubt – Visual identification reliability – contradictions in complainant's testimony – adverse inference for failure to call material witnesses – medical evidence insufficient to cure defective identification.
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18 October 2024 |
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Court set aside striking-out order and granted extension after applicant proved illness and accounted for the delay.
* Civil procedure – extension of time – application to set aside an order striking out defence – application under Law of Limitation Act and Order VIII Rule 20(2) CPC.
* Requirements for extension – application of Lyamuya guidelines: account for delay, absence of inordinate delay, diligence, or other sufficient reasons.
* Evidence – medical incapacity of counsel and follow-up steps to obtain proceedings considered sufficient to justify extension.
* Relief – setting aside striking-out order to protect right to be heard; matter restored to trial timetable.
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18 October 2024 |
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Unproven medical receipts and unreported website issues failed to show sufficient cause for extension of appeal time.
Extension of time – Sufficient cause – Lyamuya criteria – Applicant must account for all delay; medical receipts insufficient as unexplained proof; alleged electronic filing/website failure must be reported under Electronic Filing Rules; negligence and absence of arguable illegality justify dismissal.
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18 October 2024 |
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Armed robbery conviction quashed because particulars failed to identify the person threatened, an incurable defect.
Criminal law – Armed robbery – Essential elements include use or threat of violence and identification of person targeted; particulars failing to name the person threatened render charge incurably defective; defective charge cannot be cured by evidence; conviction quashed and proceedings nullified.
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18 October 2024 |
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Failure to tender a valid reconciliation-board certificate renders divorce proceedings a nullity; appeal allowed and judgments set aside.
Law of Marriage Act — requirement of valid Marriage Conciliation Board certificate (Form No.3) — certificate must record Board’s own findings and be tendered and admitted as evidence; failure renders proceedings a nullity. Matrimonial proceedings — division of assets — evidential requirement to prove contribution; appellate court’s role in addressing dispositive grounds.
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18 October 2024 |
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First appellate court re-evaluated evidence and upheld earlier purchaser’s superior title; appeal dismissed with costs.
* Land law – proof of ownership – purchaser’s document versus later purported gift – priority of earlier lawful occupation/purchase.
* Appellate procedure – first appeal as re-hearing – power and duty to re-evaluate evidence.
* Evidence – identity and content of documentary exhibits determine their probative value.
* Civil procedure – locus in quo inspection is discretionary, not mandatory.
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18 October 2024 |
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18 October 2024 |
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Respondent convicted on appeal for threatening to kill and for practising traditional medicine without valid registration.
* Criminal law – Threatening to kill – evidential weight of direct testimony – credibility of eyewitnesses versus hearsay investigator evidence.
* Criminal procedure – sufficiency and drafting of charge – naming the person threatened not necessarily fatal to prosecution.
* Evidence – absence of medical proof does not automatically defeat a threat offence where complainant’s testimony is credible.
* Regulatory offence – practising as traditional health practitioner – registration certificate dated after alleged conduct establishes illegal practice under s.45(1).
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18 October 2024 |
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18 October 2024 |
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Prosecution failed to establish a prima facie case of manslaughter due to unreliable, contradictory and hearsay evidence.
* Criminal law – Manslaughter – Prima facie case – test for whether accused must enter defence under s.293 Criminal Procedure Act.
* Evidence – Witness credibility and identification – contradictions between court testimony and police file statements.
* Evidence – Hearsay and reliance on investigation file – limits on admissibility and weight of investigating officer’s testimony.
* Procedural law – Court’s duty to assess sufficiency of prosecution case at close of prosecution.
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18 October 2024 |
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18 October 2024 |
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18 October 2024 |
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A duly served party who fails to appear waives the right to be heard; ex parte judgment will not be set aside without sufficient cause.
Civil Procedure – setting aside ex parte judgment (Order IX Rule 9) – service of process and waiver of right to be heard – affidavit formalities and expungement (Order XIX Rule 3(1)) – sufficiency of cause to reopen ex parte proceedings.
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18 October 2024 |
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18 October 2024 |
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Trespass claim was not time-barred; non-joinder of DED and res sub judice objections were dismissed.
Land law – limitation: accrual of cause of action on trespass (2022) not on deceased’s death (1991); Joinder under Local Government (District Authorities) Act s.26(3) – DED’s right to be joined and Village Council’s duty to notify; Res sub judice – requirements under section 8 CPC (same parties, same issues) not satisfied; Preliminary objections requiring factual inquiry are unsuitable.
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18 October 2024 |
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Appellant failed to prove on the balance of probabilities he was a victim entitled to compensation; appeal dismissed with costs.
Civil procedure — standard of proof: balance of probabilities in tort/compensation claims; Documentary evidence and credibility — contradictions and suspected alteration justify rejection; Forgery allegations — court may scrutinise documents but decision must rest on evidence; PF3 medical form — absence of vehicle particulars not fatal; Issues dependent on primary finding — no need to assess damages if claimant not shown to be victim.
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18 October 2024 |
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18 October 2024 |
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A court must impose the sentence agreed in a registered plea bargain; unlawful deviations are subject to revision.
* Criminal procedure – Plea bargaining – Registered plea agreements binding on court – Section 194D(6) CPA; Rule 18 Plea Bargaining Rules. * Sentencing – Limited discretion to depart from agreed sentence – departures must be justified. * Revisionary jurisdiction – Court may set aside illegal sentence and substitute agreed custodial term (sections 372, 373 CPA). * Illegality of sentence – Imposing a fine contrary to plea agreement and not provided for by offence is unlawful.
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18 October 2024 |