19790516 TZHC Tanga1

The appellant was properly convicted as he was found in possession of property identified as stolen, and the irregularity of charging on two counts was curable as no prejudice was caused.

Citation: 19790516 TZHC Tanga1
Parties: Appellant: Abdallah Balehe; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 16 May 1979
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal dismissed with technical modifications
Legal Topics: Breaking Into a Building, Stealing, Conviction on Multiple Counts, Identification of Stolen Property, Curable Irregularity
Source Language: English

Criminal Law Breaking Into a Building Stealing Conviction on Multiple Counts Identification of Stolen Property Curable Irregularity

Case Brief

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Parties

Abdallah Balehe

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the appellant was found in possession of the stolen property
2 Whether the property found was sufficiently identified as stolen property
3 Whether conviction on two separate counts was proper under section 296(1) of the Penal Code

Ratio Decidendi

The appellant was properly convicted as he was found in possession of property identified as stolen, and the irregularity of charging on two counts was curable as no prejudice was caused.

Court Disposition

appeal dismissed with technical modifications

Orders

Convictions on both counts set aside and substituted with a single conviction for breaking into a building and stealing under section 296(1) of the Penal Code
Sentence of six months' imprisonment on the second count set aside