19910920 TZHC Dar es Salaam
The conviction was bad and not supported by the evidence or law; therefore, the appeal is allowed and the conviction quashed.
Source-derived case information.
- Citation
- 19910920 TZHC Dar es Salaam
- Parties
- Appellant: Canisius A. Salila; Respondent: The United Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 September 1991
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Neglect to Prevent Commission of Offence, Appeal Against Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Canisius A. Salila
Appellant
The United Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for neglect to prevent commission of offence under section 363 of the Penal Code was valid
Ratio Decidendi
The conviction was bad and not supported by the evidence or law; therefore, the appeal is allowed and the conviction quashed.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
Judgment text and source record
1 paragraphs
APPELLATE JURISDICTION HIGH CCURT CRIMINAL APPEnL NO ,;RIGINAL CRIMIN.AL CASK NO 2 ~5 JF 19,:.;G O.? THE DISTRICT CJURT --iF I.Lii.Lil. DISTRICT AT KlVUKONI: BEFJRE C. KALJKCLA RESIDENT MAGISTRATE CANISIUS A. SAL.'lLA •••• ; ••••••••.••••• APPELLANT (Original Accused) versus T:fE UNITED REPUBLIC •••••••••••••••••• RESPONDENT (Original Prosecutor) JUDGI~lliNT KYAND0 1 J The appellant cen~. twJ others were convicted ·by the District-Court of Ilala, at Kivukoni, Dar es Salaam, of neglect.to prevent commission of each f ~-\?ffence e/s 3G3 of the_ Penal Code, and were/sontenc8d to imprisonment .r,o~- twelve (12) m:mths. The appellant, who now has c::in:.pleted serv:i.ng the 12 months te.rm, was aggrieTed by the conviction and a.ppeals, M.r •. _Matupa, .learned State Attorney, on behalf of the Republic said he was not supporting the appellant's conviction. After studying the case Jarefully myself, I too aJll of the view that the conviction was bad I -~herefore allow the appellant's appeel and quash his conviction~ I set aside the sentence imposed on him, though regrettably, as already sho•.:r1r ii has been served ali,eady. pi1l,, C#J½,! th I 'v." ?~. v · V V v ~ •:a.;{ KYiiliD0 JUDGE '\ES SALAAM ~ Mat"p,, SA,!or the Republic Appellant in person. t'