Hassan Othman Hassan @ Hasanoo versus the Republic - No. 193 of 2014

Territorial subdivision
Seat of court
Dar-es-Salaam
Court jurisdiction
Date of opinion
2016
Abstract

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.

Language of document
English
Reference number
No. 193 of 2014
Charges
(1) Conspiracy to commit an offence, (2) leading an organised crime, (3) unlawful dealing in trophy
Transnational
No
Decision
Appeal allowed, case remitted to the High Court.
Appealed
No
Penalty
-
Legislation cited
Economic and Organised Crime Control Act, Cap. 200 R.E. 2002
Penal Code, Cap. 16 R.E. 2002
Criminal Procedure Act, Cap. 20 R.E. 2002
Source