preparation and conduct of his defence or appeal and if such a
person has insufficient means to obtain such aid, the officer should
certify that the person ought to have such legal aid. Once it is so
certified, the Registrar shall, as far as practicable assign to the
accused person, an advocate for that purpose. The Court observes
that the Court of Appeal of Tanzania has held that this provision, read
together with Section 310 of the Criminal Procedure Act provides for
the right of accused persons to get legal aid, the right to be informed
of that right and that failure to so inform an accused person wHI
render a trial a nullity.25
123. In conclusion, the Court finds that, the Applicant was entitled
to legal aid and he need not have requested for it. The Court notes
that even after requesting for it, his request was not granted.
The Applicant was charged with the offence of armed robbery,
which is a serious offence and which carries a minimum sentence of
thirty (30)
years imprisonment. He was unrepresented and of ill health, which
.
occasioned him to be absent during the presentation of his defence.
Under these circumstances, it was desirable and in the interests of
justice for the courts of the Respondent State to have provided the
Applicant with legal aid.
124. In the instant case, the relevant factors that the Court finds
should have been borne in mind in the determination of the provision
of legal aid to the Applicant, are, the gravity of the offence that the
Applicant was facing, the minimum sentence the offence carries as
25
Moses Muhagama Laurance v Government of Zanzibar Criminal Appeal N[umber]
17 of 2002 citing Thomas Miengi v R[epublic] [1992] JTLR 157 Pages 11 - 14 of the
Judgment 8 October 2001.
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