19840515 TZHC Arusha2
- Citation
- 19840515 TZHC Arusha2
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 15 May 1984
- Posture
- Criminal Appeal / Judgment on Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 15 May 1984
- Posture
- Criminal Appeal / Judgment on Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The evidence, including the marked note and corroboration by witnesses, proved the appellant's guilt beyond reasonable doubt. There was no ground for complaint against the conviction.
Court disposition
appeal dismissed
02
Material facts
Parties
Chacha Meekonio
AppellantThe Republic
Respondent Counsel: Mr. LwiteAmounts and remedies
- Bribe Amount: TZS 200
03
Procedural history
Posture
Criminal Appeal / Judgment on Appeal
04
Questions and positions
Legal issues
- 01
Whether the conviction for corrupt transactions under the Prevention of Corruption Act, 1971 was supported by evidence
- 02
Whether there was any ground for complaint against the conviction
Party arguments
- Applicant
- No argument presented as appellant was absent.
- Respondent
- The evidence against the appellant was watertight and proved guilt beyond reasonable doubt.
05
Court’s reasoning
Legal principles
- 01
General criminal law principle
Conviction must be based on evidence proving guilt beyond reasonable doubt.
06
Ratio, limits and disposition
Ratio decidendi
The evidence, including the marked note and corroboration by witnesses, proved the appellant's guilt beyond reasonable doubt. There was no ground for complaint against the conviction.
Court disposition
appeal dismissed
Source and reliance status
TZHC · 15 May 1984
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 15 May 1984
/#C, bc, IN THE HIGH COTJ}LT OF TNZLNIL
LT LRL SHL
LPPELLTE JURISDICTION HIGH COURT CRIPIiIIiL LPPELL NO.166 OF 1978 ORIGINLL CRIMINLI CLSE NO. 930 OF 1976
OF THE DISTRICT COURT OF MOSHI LT MOSHI BEFORE: ,L. IVmING, ES., .. ... .... .. .RESIDENT MLG-ISTR1TE CHLCHL. ]VEEE.ONIO ........,.......... ...........LPELLLNT (ORIGIN LL LOON SED) versus THE REPUBLIC .................... .........RESPC>NDENT (ORIGINLL LPROSCUTOR)
JUDGNENT BEFORE: MLGINGL 9 J. 1 The appellant was convicted of corrupt transanctions under the Prevention of Corruption Let, 1971. He was sentenced to three yeas imprisonment, which he has already served. The evidence against the apè11at was watertight and he has no ground complaint gainst his conviction. Theevidence adduced proved that the appellant as a police officer was investigating a ease of theft against one LloysMina (PW.5). Intheëötrse of this he demanded a tribe of sh.20C/_ so as to discontinue the case. Minja got wise and reported the matter to appe1lant's ueriors L trapAva,8 set and Mlnjä was given h100/— note whose nuLber Was recorded. He left the money with his wife (Pw4) to give the same to the appellant. The.appellánt went to VIinja's hou'ànd was given the mone by Minja's wife. Ls he left a nearby hotel he wCs stopped by other - policemen who informed him that he wap suspected of having received a tribe. .... .. .2/ - 2 -, He immediately took out the h.lO/— note frbm his shirt pocket threw it down. This was been by a shoe shine boy seated nearby. Th.e note was picked and its numbers comparwith those recorded in one of the policemen's note—book. The numbers were found to bethe same. It was on this evidence that he was convicted. The evidence clearly proved appellant t s guilt beyond reasonable doubt. The appeal is accordingly dismissed. (R.B. GA Z~
JUDGE 15/5/84 Mr. Llute for the Republic ppellant absent. RBM/lk 'l
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