19830809 TZHC Mbeya2
- Citation
- 19830809 TZHC Mbeya2
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 9 August 1983
- Posture
- Criminal Appeal / Judgment on Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 9 August 1983
- Posture
- Criminal Appeal / Judgment on Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appellants were found in possession of and sold stolen property, corroborated by witness testimony, justifying conviction and sentence.
Court disposition
appeal dismissed
Orders
- conviction and sentence affirmed
02
Material facts
Parties
Adamsdii Yisy
AppellantJijun Kal
AppellantThe Republic
RespondentAmounts and remedies
- Value of Stolen Property: TZS 870
- Sentence (years): 3
03
Procedural history
Posture
Criminal Appeal / Judgment on Appeal
04
Questions and positions
Legal issues
- 01
Whether the appellants were rightly convicted of store breaking and stealing
- 02
Whether the sentences imposed were proper
Party arguments
- Applicant
- The appellants denied selling the iron sheets in question to the witness and challenged the evidence against them.
- Respondent
- The prosecution relied on evidence of recovery of stolen property, identification of the property as belonging to the school, and corroboration by witnesses.
05
Court’s reasoning
Legal principles
- 01
Penal Code s.296(1) and general principles of criminal evidence
Conviction can be based on corroborated evidence of possession and sale of stolen property.
06
Ratio, limits and disposition
Ratio decidendi
The appellants were found in possession of and sold stolen property, corroborated by witness testimony, justifying conviction and sentence.
Court disposition
appeal dismissed
- conviction and sentence affirmed
Source and reliance status
TZHC · 9 August 1983
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 9 August 1983
\v't•cL IN THE GII COURT 011' TANZANIA Am 1r•iyj J. Eij
FELT JIJEI ODI CTION (Mbeya Registry) RIiiINL }AAJ NO. 24 03? 1981 ORIGLiL CRThiINL C1SE NO. 100 OP 1979 OP THE DISTRICT COURT OF PUICtJYU DISTRICT AT TJKUYU Be±'ore: J. Taishokomia, District Liagi strata. (i) AD.LMSDII yisy) (2) JIi.JN K-Al ) .""
VERSUS THEBPU -I C .... . ......... . . . ............RhS:EON±)ENT aWGEs, Store Breking and 4tealing c/s.296(l) oI' the Fcnai. Code .J JJAiL J. The appellants we jointly cbr1od for starebreaking and stealing cernigated iron sheets property of Edeabela rirnary Sohool. It was in e4ence that during the night of 27/5'79 the store of the above SQQ.1. Was broken into and a total of 76 0.1. sheets vyere stolen. Investigatioi .ended in a search in the house of one 1n:1i1 1Vveboi. cFZ.2 from which 29Q.L- sheets were seized. Th sheets iee ilntifj1 as the sch1 pperty. On interrogation Laagolile said he had t the sheet from the twd who told him the sheets were theirs. These two appellants, were arrested. In their defence in court both of them &enied that they sold the sheets in question to ingo1ile (P.2). Their dafe.ee was rejeroted and they were convtcted and sentenced to 3 years imer.t a.h. They appealed to this court. There was evidence of Ewanansi (P.7.3) which ccrroboratd ingolile. I! (PL2) 1 s st ry that he had bought the C.I. Sheet fri the first appe11at \ , at the price of Shs.870/=. The second ape1lant as also there and it appears they had shared the boot. They were rightly convicted and thP. sentences. were in order. The 3oint appeal is dismissed j1, jk.s. enjjre.ty. At Mbeya, 9th Just 1 983 JUDGE.
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