19820701 TZHC Mbeya
The prosecution failed to prove beyond reasonable doubt that the appellant corruptly received money as a reward for releasing the complainant; evidence supported the appellant's explanation that the money was repayment for a previous loan.
- Citation
- 19820701 TZHC Mbeya
- Parties
- Appellant: C. 2286 P.C. George Bomani; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 July 1982
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Corruption, Variance Between Charge and Evidence, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
C. 2286 P.C. George Bomani
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether conviction is valid when evidence is at variance with particulars of the charge
- 2 Whether the offence of corruption under section 3(1) of the Prevention of Corruption Act was proved
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the appellant corruptly received money as a reward for releasing the complainant; evidence supported the appellant's explanation that the money was repayment for a previous loan.
Court Disposition
appeal allowed
Orders
- conviction quashed
- prison sentence set aside
Full Case Text
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