19771219 TZHC Arusha1

19771219 TZHC Arusha1

Convictions upheld as evidence was corroborated and sufficient; sentence for Mwaisejo Andrew varied to reflect theft of 133 bags of cement, not 329, but four years imprisonment not manifestly excessive.

Citation
19771219 TZHC Arusha1
Parties
Appellant: Damiano Anthony; Respondent: The Republic; Appellant: Mwaisejo Andrew
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 December 1977
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeals dismissed
Legal Topics
House Breaking, Stealing, Theft by Public Servant, Sentencing, Evidence, Corroboration
Source Language
English
Criminal Law Public Service Law House Breaking Stealing Theft by Public Servant Sentencing Evidence Corroboration

Case Brief

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Parties

Damiano Anthony

Appellant

The Republic

Respondent

Mwaisejo Andrew

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the conviction for house breaking and stealing was proper
  2. 2 Whether the conviction for stealing by a person employed in the public service was proper
  3. 3 Whether the sentence imposed was excessive

Ratio Decidendi

Convictions upheld as evidence was corroborated and sufficient; sentence for Mwaisejo Andrew varied to reflect theft of 133 bags of cement, not 329, but four years imprisonment not manifestly excessive.

Court Disposition

appeals dismissed

Orders

  • Conviction and sentence of Damiano Anthony affirmed
  • Conviction of Mwaisejo Andrew varied to theft of 133 bags of cement