Description
SHABANI MASAWILA V. R, COURT OF APPEAL, DAR ES SALAAM (2018)
Charge sheet did not indicate the specific category of crime committed – statement of offence – correct reference to the section which creates a particular offence.
- The appellant was charged under sections 130 and 131 of the Penal Code but the charge sheet did not indicate the specific category of rape which he was being charged of committing. It was held that the charge sheet is incurably defective (p. 11). As a result, the appellant was prejudiced as he did not know the nature of rape committed by him, so as to prepare his defence and hence, he was not fairly tried (p. 12).
- The statement of offence ought to be framed as clearly provided under the provisions of section 135(a) (ii) of the CPA which require a statement of offence to have a correct reference of the section which creates the particular offence (pp. 9 – 10).
- The reason for showing in the statement of offence a correct reference of the section which creates the particular offence is to enable the accused to understand the nature of the charge laid against him and prepare his defence. This would also minimize the chances of him/her being prejudiced (p. 10).
