Tanzania Judgment

TZCA

19710917 TZCA Dar es Salaam3

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The property stolen, a fishing net given to the village by the government, ceased to be government property upon receipt by the village; therefore, the offence is simple theft and does not attract a minimum sentence.

Court disposition

sentence reduced

Orders

  • Sentence reduced to 15 months imprisonment
  • Strokes of corporal punishment set aside

02

Material facts

Parties

Dadi Jus

Appellant

The Republic

Respondent

Amounts and remedies

  • Value of Fishing Net: TZS 2,000

03

Procedural history

  1. Posture

    Criminal Appeal / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant challenged the imposition of a minimum sentence, arguing the property stolen was not government property.
Respondent
The respondent contended that the fishing net, having been given by the government, remained government property and thus theft attracted a minimum sentence.

05

Court’s reasoning

  1. 01

    Minimum Sentences Act

    Stealing property of an Ujamaa Village is not a scheduled offence under the Minimum Sentences Act unless it remains government property.

06

Ratio, limits and disposition

Ratio decidendi

The property stolen, a fishing net given to the village by the government, ceased to be government property upon receipt by the village; therefore, the offence is simple theft and does not attract a minimum sentence.

Court disposition

sentence reduced

  • Sentence reduced to 15 months imprisonment
  • Strokes of corporal punishment set aside

Source and reliance status

TZCA · 17 September 1971

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Judgment reading view

Judgment text

The complete available source text.

Source document

TZCA

Judgment· 17 September 1971

19710917 TZCA Dar es Salaam3

IN THN HIGh COUET OF TANZANIA AT DJE iS SALAAM CRIMINAI APPLAi NO., 330 OF 1971 Original Crtminal Caae No. 113 of 1970 Of the Dtstrit Court of Mtara Diet ict at Mtwara Before J. S. Mwami Nsqo o District Vlagistra'te DADI JUs ... . .. . . ... . . * .. . .. . . •. . . , . . . . . . . APPiLLANT versus T RL R1PUBLiC . ....... . . S •• ••••* .. JESPONDISNT OHAR: Stealing c/s 265 of the Penal Code,

JUDGKENT SAIDI, C.J. . The appellant appeals against a minimum sentence passed on him following his conviction for stealing a fishing net valued at ths 2,000/ be1ongin to Msimbati Ujamaa Village. He had pleaded guilty to the theft. What must be ccnsideed in this respect is whether or not the property of an Ujamea Village is the property of Government so as to bring the stealing in this case under the Minimwn Sentences Jct. Sa far as the law etands stealing the property of an u.jarnaa village is not a soheduled offence. In the instance case the fishing net was given to the village by the Governmento The argument is whether the fishing net contjnued to be Government property after the village had received it. I do not think that this is so and I hold that the offence committed is simple theft not attracting a minimum sentence. I would therefore reduce the sentence to 15 months imprisonment and set aside the strokes of corporal punishment. Delivered in Court at Day es Salsam this 17th day of September, 1971. (Sgcl) (A. SAIDI)

CHIEF JUSPIC

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Penal Code section 265

Legislation

Legislation referenced in the available case record.

Minimum Sentences Act

Legislation

Legislation referenced in the available case record.

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