19730718 TZHC Mwanza

19730718 TZHC Mwanza

The only proper conclusion from the evidence is that the appellant was the thief, likely in complicity with a co-accused; compensation must be for the actual amount stolen.

Source-derived case information.

Citation
19730718 TZHC Mwanza
Parties
Appellant: Boniface s/o Kondela; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 July 1973
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal of 3rd accused allowed; appeal of Boniface s/o Kondela dismissed except for variation in compensation order.
Legal Topics
Theft, Complicity, Evidence, Compensation
Source Language
english
Criminal Law Theft Complicity Evidence Compensation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Boniface s/o Kondela

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was responsible for the theft from the safe
  2. 2 Whether the compensation order was correct

Ratio Decidendi

The only proper conclusion from the evidence is that the appellant was the thief, likely in complicity with a co-accused; compensation must be for the actual amount stolen.

Court Disposition

Appeal of 3rd accused allowed; appeal of Boniface s/o Kondela dismissed except for variation in compensation order.

Orders

  • Compensation order varied to Shs. 53,221/10 instead of Shs. 56,338/60