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
certified,
the
ought to have such
Registrar
shall,
as far as
legal aid. Once
practicable
it is so
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
of that right and
to be informed
that failure to so inform an accused person
will
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 offences 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
Judgment 8 October 2001.
157 Pages 11 — 14 of.the