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Hassan Othman Hassan @ Hasanoo versus the Republic

Pays/Territoire
Tanzanie, Rép.-Unie de
Type de cour
Nationale - cour supérieure
Date
Jan 25, 2016
Source
UNEP, InforMEA
Nom du tribunal
Court of Appeal
Siège de la cour
Dar-es-Salaam
Juge
Kimaro
Numéro de référence
No. 193 of 2014
Langue
Anglais
Sujet
Questions juridiques, Espèces sauvages et écosystèmes
Résumé

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.