19830806 TZHC Mbeya2
There was no evidence that the appellant received any money for carrying the passengers and their luggage; conviction cannot stand without proof of reward.
Source-derived case information.
- Citation
- 19830806 TZHC Mbeya2
- Parties
- Appellant: Alison Mwailabelu; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 6 August 1983
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal allowed; conviction quashed; sentence set aside; fine to be refunded.
- Legal Topics
- Carrying Goods for Hire or Reward, Use of Government Vehicle, Appeal Against Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alison Mwailabelu
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant carried passengers and goods for hire or reward in a government vehicle contrary to the law
- 2 Whether there was evidence of payment by passengers
Ratio Decidendi
There was no evidence that the appellant received any money for carrying the passengers and their luggage; conviction cannot stand without proof of reward.
Court Disposition
Appeal allowed; conviction quashed; sentence set aside; fine to be refunded.
Orders
- Conviction quashed
- Sentence set aside
Full Case Text
Judgment text and source record
1 paragraphs
•• IN =E TUGH COURT OF TiZANIA AT MBiYA PPEaLTh JIJJUSDICTION (Jvibeya Regi stry) CBILINIL iPliL NO; 112 OF 1981 QRIGINL cRflvaNL CASJ. NO. 98 OF 1981 OP TTM, DIST.FdCT COUR' OP RUNGWJ± DISTRICT AT RUNGWE Befoxe: P. B. Mpo zi, Sonlor'Aistrict kagistrate, AiiSO1 tYAIL.áEU ,............................ API?ELLNT • VERSUS TIM, BEPUBLIC • ........ . .. ..•. .. ..... ... RESPDNDl..aT GEARG: 1stount: aryin'godds Lr. a Go*mmax m/ for hire rçwd c/si(3) and 32(1) of the rtLiveiasing it 1/73. ountt eittcG ,en.me -it motor ehic1o,,to ca±rf oodS for hire or Reward c/s.1O. (3) and 32 (i) of the aaport Licensing Act !4o.1/1983. - 'J1JDCT V • 11T1ERA J. '. * The appellant was charged joint1kwith another for carrying goods • in a Gornment vehicle for hire or reward against tratsort Uensing law. The facts were that on 8/8/81 P.C. Conrad (PW;i) stopped a L lorry STF 255 somewhere in Tukuyu town. In it there were sacksf bananas and paddy. Also there were three paseenzers on bard. the vehicle. The Policeman (P&l) suspected that the assenge.ra (and.. their baggage) had paid money to the two accused. He seized the vehicle and the goo. s and charged the two men. In their defenee the first accused said he was a mere dri'er and had no au thority Gver t i,ehi.c1e., The appellant admitted that he was .n charge of th.vehicle. HQ admitted also he had penitted the arrr.tng of the three passenge'.a• with their T baggage from Tu.kuyu 'to Mbeya (Uyole), Bit he deni.ed that he charged them anything.. He just gave tlèm a lift on humanitarian growids. The trial magistrate accepted the first accused' s defence and acquitted him. He rejeoted the appel1an's defence, convicted and uined...hii Shs..300/=.. - He now apëa1to is court. There was no evidence that the appCllant received any money for carrying those three passengers with their luggage. The. themselves gave evidence and déxied, despite intiriidation by th t. magistrate, that they paid anything. The magistrate rejected their evidence and ruled that it was impoeible that the appel3Ant. ,eou]4 (2) carried them free of charge. Bi.t the findmn was not supported by a scintilla of evidenc here is nothing wng to give afelow 'citizen a lift in a public vehicle. I ailw the appeal, •qash appellant's conviction which the Republic didnot support, set aside the senteneia and order that the fine of 8hs.300/r be refunded to him. At Iea, 6th st', 1983 . : ::'