19850708 TZHC Mtwara1
The appellants, entrusted with village funds, failed to account for Shs. 9,995/30, and their explanation was justifiably rejected as evidence showed they had verified the funds received. The conviction and statutory minimum sentence were upheld.
- Citation
- 19850708 TZHC Mtwara1
- Parties
- Appellant: Bakari Hawazo; Appellant: Abdallah Luwengo; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 8 July 1985
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Stealing by Agent, Sentencing, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bakari Hawazo
Appellant
Abdallah Luwengo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellants were guilty of stealing by agent under section 273(b) of the Penal Code
- 2 Whether the sentence imposed was appropriate
Ratio Decidendi
The appellants, entrusted with village funds, failed to account for Shs. 9,995/30, and their explanation was justifiably rejected as evidence showed they had verified the funds received. The conviction and statutory minimum sentence were upheld.
Court Disposition
appeal dismissed
Orders
- conviction and sentence of five years imprisonment upheld
Full Case Text
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