na TZHC Arusha 11
The grounds of appeal lack substance; the conviction for stealing under section 265 was proper based on sufficient evidence, regardless of failure to prove money belonged to the Republic or possession by virtue of employment.
Source-derived case information.
- Citation
- na TZHC Arusha 11
- Parties
- Appellant: Anael sb; Appellant: Jesse s/o Moehi; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Stealing by Public Servant, Conviction Under Alternate Section, Evidence Assessment
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anael sb
Appellant
Jesse s/o Moehi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for stealing under section 265 was proper despite acquittal under section 270 and 265 as public servant
- 2 Whether the evidence proved ownership of the stolen money
- 3 Whether the trial magistrate erred in accepting certain evidence
Ratio Decidendi
The grounds of appeal lack substance; the conviction for stealing under section 265 was proper based on sufficient evidence, regardless of failure to prove money belonged to the Republic or possession by virtue of employment.
Court Disposition
appeal dismissed
Orders
- conviction and sentence of 12 months imprisonment for each appellant upheld
- order to refund Sh.1,200/= to complainant Magid upheld
Full Case Text
Judgment text and source record
1 paragraphs
r r In the High cotzrt of Tanzania at Arusha. Appellatie Jurisdiction High Court Criminal Appeal No. 232/72 Original Criminal Case.No.1423/71. Of the District Court of ICilimanjaro District at Mo.shi. Befxe W..Nathan Esq. D/JVlagistrate. I • Anael sb 2. Jesse s/oMoehi (Original Acci.seee..) versus The Republic ================Respondent (Original Prosecutor) CHARGE: Stealing by public servant c/s 270 and 265 of the Penal Code Cap. I Vol. I of th laws. -4.. ===J U D G M E N T Patel,A. J. S Both appellants were.chaedfor ' Stealing by Public eQrvat' c/s 270 and..265o..Penai Code. The learned trial magistrate acquatted both of this charge but under section 181(1) of Criminal Procedure Code convieted both of Stealing c/s 265 of. Penal Code and enteuce each to 12 months imprisonment. He also ordre4theaoused bo;•.refu% ad: sh,I,200/=..to the 00- mplainant Magid. Mr. 7.S.Patel for the appellants submitted that -the _case wa8 not proved according to the charge and there. was no evidence to prove that money belouge to Tanzania Governient. He also submitted that it was not proved that money j.e, ss. I,2I/= belonged to either Magid or his wife Saria. In memorandum of appeal one of the grounds of appeal is that the trial magistrate erred in accepting the evidence of one Saidi 1assoro and erred in not accepting the dicumentery (Exh.B). Mr. K.nabo for the Republic Submitted that the trial magistrate acted under sec. 181(1) of Cr. P.0 and was right in convioting both appellants of 'Stealing' as there is iufficient evidence on re.rd to prove it. He said both appellants were Identified corre<tly by wit- neseg. He said this appeal should be:dism.issed. With -due respect, Mr.. Pata',s - grounds of appeal are-without-substance. He stresses thatit was not prOveá, that the money invOlved was the property of Republic. Tanzania or it came on possession of both appellants by virtue of their employment, and because of this the coa- . viction is bad. . - : .. . . 4 . • . • •Se ..?/. .. . • • • •r • • -'