19760211 TZHC Arusha

The conviction was not supported by evidence establishing beyond reasonable doubt that the appellant knowingly gave false information; appeal is allowed and conviction quashed.

Citation: 19760211 TZHC Arusha
Parties: Appellant: Alphonce Asenga; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 11 February 1976
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed; conviction quashed; discharge order set aside; costs recovery order set aside
Legal Topics: False Information, Absolute Discharge, Appeal Procedure
Source Language: English

Criminal Law False Information Absolute Discharge Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Alphonce Asenga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether appeal lies to the High Court after absolute discharge under Section 38 of the Penal Code
2 Whether conviction for giving false information was supported by evidence

Ratio Decidendi

The conviction was not supported by evidence establishing beyond reasonable doubt that the appellant knowingly gave false information; appeal is allowed and conviction quashed.

Court Disposition

appeal allowed; conviction quashed; discharge order set aside; costs recovery order set aside

Orders

conviction quashed
order for discharge set aside