19800908 TZHC Tanga

19800908 TZHC Tanga

The appellant was lawfully convicted for possession of house breaking instruments. Although he was charged under the wrong sections for store breaking and stealing, no miscarriage of justice occurred. The convictions under sections 294 and 265 were set aside and substituted with a conviction under section 296(1) of the Penal Code, with a sentence of five years' imprisonment to run concurrently with the sentence for count one.

Citation
19800908 TZHC Tanga
Parties
Appellant: Appellant (unnamed); Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 September 1980
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Possession of House Breaking Instruments, Store Breaking, Stealing, Misjoinder of Charges, Substitution of Conviction
Source Language
English
Criminal Law Possession of House Breaking Instruments Store Breaking Stealing Misjoinder of Charges Substitution of Conviction

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Parties

Appellant (unnamed)

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was lawfully convicted for possession of house breaking instruments
  2. 2 Whether the appellant was properly charged and convicted under sections 294 and 265 of the Penal Code
  3. 3 Whether the misjoinder of charges or charging under the wrong provision caused a miscarriage of justice

Ratio Decidendi

The appellant was lawfully convicted for possession of house breaking instruments. Although he was charged under the wrong sections for store breaking and stealing, no miscarriage of justice occurred. The convictions under sections 294 and 265 were set aside and substituted with a conviction under section 296(1) of the Penal Code, with a sentence of five years' imprisonment to run concurrently with the sentence for count one.

Court Disposition

appeal dismissed

Orders

  • Convictions and sentences in counts two and three set aside and substituted with conviction under section 296(1) of the Penal Code with five years' imprisonment
  • Sentence to run concurrently with that imposed in count one