MZUMBE UNIVERSITY

MBEYA CAMPUS COLLEGE

COURSE NAME : CRIMINAL PROCEDURE

COURSE CODE : LAW 123
PROGRAMME : LL.B I
ACADEMIC YEAR : 2023/2024
PRESENTATION DATE : 20/05/2024

Instructions
1. These are group works, however, demanding individual efforts and
participation
2. All works should be typed in forms of Times New Roman, font size 12, line
spacing 1.5 and be justified.
3. Every group shall work on the question of similar number e.g. group
number 1 shall work on question 1; group number 2 shall work on question
2 etc.

Question 8
Asha, Bite and Chacha were jointly charged in the District Court of Mbarali with
armed robbery contrary to sections 285 and 287A of the Penal Code, Cap. 16 R.E.
2022. Chacha was also charged with two other counts (economic crimes) of
unlawful possession of arms and ammunition, contrary to sections 4 (1) and 34 (2)
of the Arms and Ammunition Act, Cap. 223. At the end of the trial, they were each
convicted as charged. Each was sentenced to serve 30 years imprisonment on the
first count. Chacha was in addition sentenced to one-year imprisonment on each of
counts two and three. Discuss the following issues:

a) Was it proper for the District Court of Mbarali to try Asha, Bite & Chacha,
and why?
b) What was to be done before trial by the District Court of Mbarali?

1
 c) What was the legal effect of the trial and resultant proceedings?

Question 9
Explain the differences between extradition and mutual legal assistance.

Question 10
With aid of legal authorities explain extradition procedures in Tanzania.

Question 11
Mwaisa Mtumbaya was charged before Itaka Primary Court for the offence of
wounding contrary to section 228 (a) of the Penal Code, [Cap. 16 R.E. 2022]. After
the trial Mwaisa was found guilty and finally sentenced to serve three years in
prison. The Primary Court, thereafter, referred the file to the District Court for
confirmation. The District Court, after going through the file, confirmed the
sentence of three years imprisonment.

Mwaisa is aggrieved with that decision and seeks your advice on the following; -

a) The available remedy in that situation.

b) The procedures in seeking the remedy above.
c) Drafting the necessary documents.

Question 12
Write detailed notes on the following Concepts; -
a) Aggravating factor
b) Mitigation.

Question 13
In the case of Metropolitan Properties C (F.G.C) Ltd vs. Lannon and Others
[1969] 1 QB 577 at 599, Lord Denning, MR. held that “Justice must be rooted in
confidence and confidence is destroyed when right minded people go away
thinking the judge was biased”. To what extent does the Criminal Procedure Act,
2
Cap. 20 [R.E. 2022] contain provisions to safeguard the right of the accused
persons in Criminal Proceedings?

Question 14
Juma was charged in the District Court of Chunya for the offence of treason
contrary to section 39 of the Penal Code [Cap. 16 R.E. 2022]. When the charge
was read over to him, and asked to plea he said ‘ni kweli nilimuua Anna, lakini
haikuwa kwa kukusudia ni baada ya kunishika makalio, nikaghafirika nikampiga
na fimbo niliyokuwa nimeshikiria’.

After that statement the trial court entered a plea of guilty, convicted Juma for
Treason and finally sentenced him to death sentence. Juma is aggrieved by the said
decision and comes to you for advice. Advise him on the following matters; -

a. Whether Juma can appeal against conviction.

b. What are the grounds to fault the above decision.

Question 15
Mtaalam Mauaji was charged in the District Court of Moshi for murder and
pleaded not guilty. The State Attorney prayed for adjournment and Mtaalam was
remanded to Karanga Prison. Mtaalam heard from the police officers that it is
possible for him to be released on bail pending trial and applied for bail. The case
was heard between April 2024 and May 2024. On 16 th May 2024 Kichwa Ngumu,
the Resident Magistrate delivered his judgment. Mtaalam Mauaji was convicted of
murder. The RM’s decision was very short and the main part read as follows;

“I think it is obvious that Mtaalam Mauaji is guilty. Given his name “Mauaji” he
indeed killed Chaubaya since the latter is now dead. It is on this basis I declare that
he is guilty”

3
Required

a. Identify the defects in the proceedings before the District Court of Moshi.
b. What remedies are available for Mtaalam Mtafiti in this circumstance?
c. Mention the documents to be prepared in seeking the remedy in (b) above.

Question 16
With aid of legal provisions discuss the procedures of handling a criminal case in
Juvenile Courts in Tanzania.

QUESTION 17
An accused ought not to be sentenced unless he is given an opportunity to launch
his defense and the prosecution must prove the offence(s) against him to the
standard required by law; that is, beyond reasonable doubt. This requirement is not
only a Constitutional right but it is also a Statutory right. While citing the relevant
Articles of the Constitution of the United Republic of Tanzania of 1977 (as
amended from time to time) and any other Statutory Laws in force, discuss how the
Constitution of Tanzania is the source of Criminal Procedure in Tanzania.

QUESTION 18
The consequences and effects of defective charges differ depending on the
circumstances and facts of the case in question. How true is this assertion? With
the aid of case laws and /or statutory provision illustrate your answer.

QUESTION 19
Discuss in detail different procedures of appeal to the High Court from the decision
of the District Court when exercising original jurisdiction and appellate
jurisdiction.

QUESTION 20

4
“Extended jurisdiction is conferred to the person not the court. It is worth noting
that this is a typical personal jurisdiction”. (Source: Anonymous)

In the light of the above quotation, explain the notable features of the extended
jurisdiction to the Resident Magistrate.