20050112 TZHC Dar es Salaam

20050112 TZHC Dar es Salaam

The appellant, through false representations and conduct, obtained rent money from the complainant with intent to defraud, satisfying all elements of the offence under section 302 of the Penal Code. The evidence of prosecution witnesses established his guilt beyond reasonable doubt. The sentence imposed was within legal limits and not excessive.

Citation
20050112 TZHC Dar es Salaam
Parties
Appellant: Adam s/o Yusufu; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 January 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed; conviction and sentence affirmed
Legal Topics
False Pretences, Obtaining Money by False Pretences, Sentencing, Appeals
Source Language
English
Criminal Law False Pretences Obtaining Money by False Pretences Sentencing Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Adam s/o Yusufu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant obtained money by false pretences under section 302 of the Penal Code
  2. 2 Whether the conviction was supported by evidence beyond reasonable doubt
  3. 3 Whether the sentence imposed was excessive

Ratio Decidendi

The appellant, through false representations and conduct, obtained rent money from the complainant with intent to defraud, satisfying all elements of the offence under section 302 of the Penal Code. The evidence of prosecution witnesses established his guilt beyond reasonable doubt. The sentence imposed was within legal limits and not excessive.

Court Disposition

appeal dismissed; conviction and sentence affirmed

Orders

  • Appellant's conviction and sentence of 4 years imprisonment and compensation of Tz. Shs. 960,000/= affirmed