19780400 TZHC Mwanza

19780400 TZHC Mwanza

The evidence established that the appellant retained possession of the safe keys during the relevant period, contradicting his defence and supporting his involvement in the theft; conviction for theft under section 265 of the Penal Code is warranted.

Citation
19780400 TZHC Mwanza
Parties
Appellant: Appellant (3rd accused, original accused); Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1978
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed; conviction and sentence affirmed
Legal Topics
Stealing by Servant, Penal Code Section 271, Penal Code Section 265, Criminal Procedure Code Section 181
Source Language
English
Criminal Law Stealing by Servant Penal Code Section 271 Penal Code Section 265 Criminal Procedure Code Section 181

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Parties

Appellant (3rd accused, original accused)

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was guilty of stealing by servant under Penal Code sections 271 and 265
  2. 2 Whether the evidence established who had possession of the safe keys during the relevant period
  3. 3 Whether the defence that the appellant handed over the keys on 23/9/1976 was credible

Ratio Decidendi

The evidence established that the appellant retained possession of the safe keys during the relevant period, contradicting his defence and supporting his involvement in the theft; conviction for theft under section 265 of the Penal Code is warranted.

Court Disposition

appeal dismissed; conviction and sentence affirmed

Orders

  • conviction for theft under section 265 of the Penal Code entered
  • mandatory sentence imposed