Maguha and Others v Rex (Cr. A.s 122, 123, 124, 125 and 126-1934 (Consolidated).)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court held that the trial of two separate informations together was invalid, following its earlier decision in Rex v Kristofa Male. An information for murder cannot be tried together with an information for conspiracy to murder the same person. The convictions were quashed, but the appellants were ordered to be retried given the nature of the evidence.
Outcome
Convictions quashed and appellants ordered to be retried
Facts
Five appellants were tried on two separate informations: one for murder and one for conspiracy to murder the same person. The informations were tried together. The appellants were convicted. They appealed the convictions on the ground that the trial was invalid.
Issues
- Whether the trial of two separate informations (one for murder and one for conspiracy to murder the same person) together is valid.
Orders
- Convictions quashed.
- Appellants ordered to be tried.
Rules and key headnotes
Legislation cited (2)
- Tanganyika Criminal Procedure Code s.132(d)
- Tanganyika Criminal Procedure Code s.235(3)
Cases cited (1)
- Rex v Kristofa Male (Criminal Appeal No. 69 of 1934)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.