RUAHA CATHOLIC UNIVERSITY

FACULTY OF LAW

COURSE TITLE : CRIMINAL PROCEDURE LAW II

COURSE CODE : RLW: 422

LECTURER NAME :

TASK : INDIVIDUAL WORK

SUBMISSION DATE :

NAME REGISTRATION NUMBER

QUESTION; Critically discuss the following with regards to an accused charged and convicted
of Murder and Sentenced to death by hanging

i. Where to lodge an appeal to challenge conviction and sentence

ii. Important considerations to undertake before lodging an appeal
iii. Prepare an appeal on hypothetical grounds of appeal
Introduction

This work covers various aspects as directed on the question on which I will discuss on where to

lodge an appeal, things to consider before lodge an appeal and document to be prepared in lodge

the appeal to the court of Appeal.

Where lodge an appeal to challenge sentence and conviction

When a person aggrieved by the decision of the high court or subordinate with extend power

may appeal to the court of appeal of Tanzania. This happen after the court have convicted and

sentenced a criminal offender he may appeal to the court of appeal against convict and sentence

as per section 61 of Appellate jurisdiction Act 141 cap R:E 2019.

Important consideration to undertake before lodge an appeal

Law applicable

The appeals to the court of appeals the law applicable is court of appeal rules and court of

appeals act in which both law provides the procedures to comply with when one want to appeal

to the court of appeal.

Time limit to lodge your appeal

The time to appeals in which the appeal is originate from the high court is 45daysfrom the date

of decision for to appeal within the time the appeal will be ought of time in which the party will

be regarded to make an application for extension of time to the court of appeal.

Place of lodging your appeal

1
Appellant jurisdiction Act Cap 14 R:E 2019
Notice of appeal and Memorandum of appeal are to be lodged in the high court it’s the duty of

registrar of high court to collect them and send them to the court of Appeal.

Preparation of record of appeal

The appellant should request the record of appeal to the registrar of the high court in order to

prepare the record of appeal.

In criminal appeal there is no appeal if their is no notice of Appeal if no notice of appeal no

appeal at all this is the requirement of law as it was started in the case of John Tesha v.

Republic2.

An important document to be prepared

i.Notice of Appeal

ii. Memorandum of Appeal

2
Criminal Appeals No 57.OF 2008 CAT, Dare es salaam.
Appeal on hypothetical ground for Appeal

NOTICE OF APPEAL

IN THE COURT OF APPEAL OF TANZANIA

AT DARE ES SALAAM

CRIMINAL APPEAL NO…………….2021

BETWEEN

PAMELA RASHID…………………..APPELLANT

AND

REPUBLIC………………………RESPONDENT

NOTICE OF APPEAL

NOTICE is hereby given that the appellant the above named being aggrieved by the decision of

the judge of the high court of dare es salaam main registry delivered by (Honorable kidoti,J)

delivered on june 22,2021 intend to appeal to the court of appeal of Tanzania against the

conviction and sentence.

Dated at dare es salaam this 27th day of june,2021

……………………………………..

Appellant advocate

Presented for filling this……… day of……….2021

………………………

registrar

Logde at the high court of Tanzania Dar es salaam district registry.

Drawn and filled by

Frank co advocate,

Upanga road

Copy to be served upon

Director of public prosecution.

Attorney General chambers,

Dar es Salaam.

IN THE COURT APPEAL OF TANZANIA

AT DARE ES SALAAM

CRIMINAL APPEAL NO ………… OF 2021

BETWEEN

PAMELA RASHID …………………….APPELLANT

 AND

REPUBLIC…………………..RESPONDENT

MEMORUNDUM OF APPEAL

(Appeal from decision of the High court of Tanzania at Dar es salaam dated june 22 delivered

by (Hon kidoti)

MEMORUNDUM OF APPEAL

The above named appellant appeal to the court of appeal of Tanzania against the decision where

by the appellant was convicted of murder and sentenced to death by hanging on the following

grounds namely:

1. That the trial judge error in law and fact in convicting the accused person on

circumstantial evidence which was contradictory and inefficient to establish the guilty

beyond the reasonable doubt.

2. That the trial judge error in law and in fact by failing to give sufficient consideration on

weight to the evidence adduced by the accused person.

3. That the sentence imposed were excess bearing in mind the accused person spent a long

time in detention

WHEREFORE The appellant pray that the conviction to be quashed and sentence to be

set aside.

Dated at Dar es salaam this……….. day of ….………2021.

…………………

Appellant

Lodged in the registry at dare es salaam on the……..day of ………..2021

…………………
 Registry officer

Copy to be served upon

Director of public prosecution .

Attorney Generals Chambers

Drawn and filled by

Frank co. advocate

Upanga Dar es salaam

BIBLIOGRAPHY

BOOK

B. A. Garner, Black’s Law Dictionary , Thomson & West Publisher, 2004

Mirindo.F, Administration of Justice in Mainland Tanzania, Law Africa, Law Africa

Publishing Ltd(T), 2014

LAWS

1. The Appellate Jurisdiction Act [Cap 141 R.E 2021]

2. The Court of Appeal Rules, 2009

CASE
John Tesha v.Republic Criminal Appeal No.57 0f 2008