19890125 TZHC Tanga

19890125 TZHC Tanga

There was hardly any evidence on which to base a conviction against the appellant; therefore, the conviction and sentence are quashed and the compensation order is set aside.

Citation
19890125 TZHC Tanga
Parties
Appellant: Appellant (name not specified); Respondent: Republic; Co Accused: Another person (name not specified)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 January 1989
Procedural Posture
Criminal Appeal / Judgment
Outcome
conviction quashed, sentence set aside, compensation order set aside
Legal Topics
Shop Breaking, Stealing, Evidence Assessment, Compensation
Source Language
English
Criminal Law Shop Breaking Stealing Evidence Assessment Compensation

Case Brief

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Parties

Appellant (name not specified)

Appellant

Republic

Respondent

Another person (name not specified)

Co Accused

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the conviction of the appellant for shop breaking and stealing was supported by evidence
  2. 2 Whether the order of compensation against the appellant was justified

Ratio Decidendi

There was hardly any evidence on which to base a conviction against the appellant; therefore, the conviction and sentence are quashed and the compensation order is set aside.

Court Disposition

conviction quashed, sentence set aside, compensation order set aside

Orders

  • Appellant to be released from jail forthwith unless held on other lawful grounds
  • Compensation order set aside as far as it concerns the appellant