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Hassan Othman Hassan @ Hasanoo versus the Republic

País/Territorio
Tanzanía, Rep. Unida de
Tipo de la corte
Nacional - corte superior
Fecha
Ene 25, 2016
Fuente
UNEP, InforMEA
Nombre del tribunal
Court of Appeal
Sede de la corte
Dar-es-Salaam
Juez
Kimaro
Número de referencia
No. 193 of 2014
Idioma
Inglés
Materia
Cuestiones jurídicas, Especies silvestres y ecosistemas
Resumen

This is an appeal of a decision of the High Court on the Criminal Application No. 15 of 2013 where the judge refused to hear the accused person’s bail application.

The judge based her decision on the fact that the accused person was already refused bail in a previous consolidated Criminal Application No. 109, 114, 115, 117 and 120 of 2012, preventing her from re-considering the case. At that time, the judge refused to grant bail to the appellant because the offence for which he was seeking bail was committed while he was out on bail in another case pending trial. He was indeed charged with receiving stolen property under the Penal Code but was acquitted in Criminal Case No. 209 of 2011.

Because he was acquitted, the accused person filed the new application for bail examined by the High Court under Criminal Application No. 15 of 2013. Aggrieved by the judge’s refusal, the accused person seized the Court of Appeal with two grounds of appeal: (1) that the judge erred both in fact and in law in holding that the appellant could not file a fresh application for bail pending trial given the fact that he was acquitted in the case which previously justified the refusal to grant bail; (2) that the judge misdirected herself in refusing to entertaining the application pending trial.

The accused person is prosecuted for having committed three offences while out on bail in another case pending trial. He is charged together with other accused persons who were granted bail in a consolidated criminal application.

After being acquitted in the case for which he had been bailed, he filed a new bail application before the High Court, which refused to hear it. Aggrieved by this refusal, the appellant seized the Court of Appeal.

The Court of Appeal allowed the appeal and remitted the matter to the High ourt for consideration of the bail application.