abdallah rashidi maiga vs republic 1981 tzhc 1982 10 april 1981

abdallah rashidi maiga vs republic 1981 tzhc 1982 10 april 1981

The appellant failed to satisfactorily account for Shs.5,000/- entrusted to him as agent, with evidence supporting only one bag of beans being delivered and sold for Shs.200/50; thus, he is guilty of stealing the balance. Sentence and compensation must reflect the actual loss proven.

Source-derived case information.

Citation
abdallah rashidi maiga vs republic 1981 tzhc 1982 10 april 1981
Parties
Appellant: Abdallah Rashidi Maiga; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 April 1981
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal against conviction dismissed; sentence and compensation varied
Legal Topics
Stealing by Agent, Sentencing, Compensation
Source Language
english
Criminal Law Stealing by Agent Sentencing Compensation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Abdallah Rashidi Maiga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant stole Shs.5,000/- by failing to account for money received as agent
  2. 2 Whether the conviction and sentence were proper

Ratio Decidendi

The appellant failed to satisfactorily account for Shs.5,000/- entrusted to him as agent, with evidence supporting only one bag of beans being delivered and sold for Shs.200/50; thus, he is guilty of stealing the balance. Sentence and compensation must reflect the actual loss proven.

Court Disposition

appeal against conviction dismissed; sentence and compensation varied

Orders

  • Sentence reduced from five years to three years imprisonment
  • Compensation amount varied to Shs.4,799/50