19721228 TZHC Mwanza

The conviction for stealing by agent is upheld only for one sofa, as evidence showed the appellant sold it and intended to deprive the owner permanently. The conviction for obtaining money by false pretences is upheld only for Shs. 180/=, as the representation related to ownership of the sofa, not future promises regarding cloth material.

Citation: 19721228 TZHC Mwanza
Parties: Appellant: Albert Hetman; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 December 1972
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: conviction partially upheld, appeal against sentence dismissed
Legal Topics: Stealing by Agent, Obtaining Money by False Pretences
Source Language: English

Criminal Law Stealing by Agent Obtaining Money by False Pretences

Case Brief

Summary, issues, holding and outcome

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Parties

Albert Hetman

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the appellant committed stealing by agent under section 273(b) of the Penal Code
2 Whether the appellant obtained money by false pretences under section 302 of the Penal Code
3 Whether the evidence supports conviction on both counts

Ratio Decidendi

Court Disposition

conviction partially upheld, appeal against sentence dismissed

Orders

Conviction on count one upheld for stealing by agent one sofa only.
Conviction on count two upheld for obtaining by false pretences Shs. 180/= only.