19930317 TZHC Dar es Salaam
The conviction was upheld based on credible evidence and admissions, but the sentence was reduced due to mitigating circumstances and the compensation order was set aside for lack of proof of value.
Source-derived case information.
- Citation
- 19930317 TZHC Dar es Salaam
- Parties
- Appellant: Cesilia Mshamu; Respondent: The United Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 March 1993
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction upheld, sentence reduced, compensation order set aside
- Legal Topics
- Stealing by Agent, Evidence Assessment, Sentencing, Compensation
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cesilia Mshamu
Appellant
The United Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 whether the appellant stole by agent
- 2 whether the evidence was properly assessed
- 3 whether the sentence and compensation were appropriate
Ratio Decidendi
The conviction was upheld based on credible evidence and admissions, but the sentence was reduced due to mitigating circumstances and the compensation order was set aside for lack of proof of value.
Court Disposition
conviction upheld, sentence reduced, compensation order set aside
Orders
- fine reduced to shs 5,000/-
- refund of shs 5,000/- to appellant
Full Case Text
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