19751219 TZCA Dar es Salaam

19751219 TZCA Dar es Salaam

There was sufficient evidence to justify the convictions of both appellants; Bazil's plea of autrefois acquit was properly rejected as the military disciplinary action did not preclude criminal liability, and Elias' explanation for possession of the property was unreasonable given the lapse of time and the clear government markings.

Citation
19751219 TZCA Dar es Salaam
Parties
Appellant: Bazil s/o Malugo; Appellant: Elias s/o Haule; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 December 1975
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Theft by Public Servant, Receiving Stolen Property, Autrefois Acquit, Military Disciplinary Proceedings
Source Language
English
Criminal Law Theft by Public Servant Receiving Stolen Property Autrefois Acquit Military Disciplinary Proceedings

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Parties

Bazil s/o Malugo

Appellant

Elias s/o Haule

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction of Bazil for theft by a public servant was proper given prior military disciplinary action
  2. 2 Whether the conviction of Elias for receiving stolen property was justified

Ratio Decidendi

There was sufficient evidence to justify the convictions of both appellants; Bazil's plea of autrefois acquit was properly rejected as the military disciplinary action did not preclude criminal liability, and Elias' explanation for possession of the property was unreasonable given the lapse of time and the clear government markings.

Court Disposition

appeal dismissed

Orders

  • convictions and sentences of both appellants upheld