19701106 TZHC Tanga

The words uttered by the appellant were neither obscene nor likely to cause a breach of the peace; therefore, the conviction on the second count cannot stand.

Citation: 19701106 TZHC Tanga
Parties: Appellant: Appellant; Respondent: Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 6 November 1970
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal allowed in part
Legal Topics: Obscenity, Breach of Peace, Appeal Against Conviction
Source Language: English

Criminal Law Obscenity Breach of Peace Appeal Against Conviction

Case Brief

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Parties

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the words uttered by the appellant were obscene under the law
2 Whether the words were likely to cause a breach of the peace

Ratio Decidendi

The words uttered by the appellant were neither obscene nor likely to cause a breach of the peace; therefore, the conviction on the second count cannot stand.

Court Disposition

appeal allowed in part

Orders

Conviction and sentence on the second count quashed and set aside
Conviction and sentence on the first count to stand