19830715 TZHC Mbeya4
- Citation
- 19830715 TZHC Mbeya4
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 15 July 1983
- Posture
- Criminal Appeal / Judgment on Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 15 July 1983
- 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 appellant was caught in possession of stolen property after refusing to stop and attempting to flee, and his defence of being framed was not credible. The conviction was therefore proper.
Court disposition
appeal dismissed
02
Material facts
Parties
David Ng'Billa
AppellantThe Republic
RespondentAmounts and remedies
- Number of Accused Originally Charged: 3
- Date of Incident: 19,800,429
03
Procedural history
Posture
Criminal Appeal / Judgment on Appeal
04
Questions and positions
Legal issues
- 01
Whether the appellant was properly convicted of stealing by a public servant
- 02
Whether the evidence supported the conviction
Party arguments
- Applicant
- The appellant argued that he was framed by the Policeman and the watchman and that he had no motive for the alleged theft.
- Respondent
- The respondent relied on the evidence that the appellant was caught leaving the yard, refused to stop when challenged, and was found in possession of stolen fuel pump nozzles.
05
Court’s reasoning
Legal principles
- 01
Trial court reasoning
Conviction can be based on direct evidence of possession and flight from the scene.
- 02
Trial court reasoning
The defence of being framed must be supported by credible evidence.
06
Ratio, limits and disposition
Ratio decidendi
The appellant was caught in possession of stolen property after refusing to stop and attempting to flee, and his defence of being framed was not credible. The conviction was therefore proper.
Court disposition
appeal dismissed
Source and reliance status
TZHC · 15 July 1983
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 15 July 1983
N TH6 HIGH •OURT OF TANLNIA
T MBEYA PtTE JUUSDICTION (Mbeya riegistry) CRIMIRIL iJ NO. 34 OF 1 98 1 ORIGINAL CRI1JNiL CASE No.173 O 1980 OF THE DISTRICT COURT OF IRING. DISTRICT ATIlUhG Before: .N.B. Kapaya, Resident kagistrate. DAVIDNGB.IILL. .....................
VERSUS THE RUBLi C • Lst Count Stea1in by Pu1 c Servant 'ae. 270 znd, 25. of the Penal bode. • d Count: Stealing c/s. 265 of the Penal Code, Cap. 1 DGI nIT UN?Ra,J..L The appellant was charged jointly with two p4hers for stealing by per8ons in public srvice. ALl t1iree of them worked for theRailwaya Goporation at 1 ringa. Thc other two (accused NQ4 and 2) were acquitted and thIs appeal concerns the remaining accused who is thQ appelant. I as in evidence that on 29/4/1980 Willazn Mwakajo (PvJ.2), a Viaolznan at the •4ways .Iringa, was on duty at the gates At about 1 p.m. the ape11ant appeased walking out of the yard. Iwakajao (P12) stopped him for a eUarch as isthe rutine. The appellant iefused to stop. The wakhma ,(j) sought the assit.ce of ia.Foliceman t P.Q. AJ.in.ontwa ii the Policeman called upon the appellont to biop, the latte Jiade awayi he Po1oeraah puetied, The appellant threw awaj a clotic1 raed something. On examination it was found that thewJiMined, two fuel pump nozzles. He was charged. In his defeno he hat e Policeman and the d7atchman had framed him up bit I o .x*Q for so doing. The trial court rojected his d efence and found that 129 had been caught red handed. He was convicted and sentenced to ? merit under the i:iinirauin aentjicea act. He now app ala, The a1peaih:s :o ci ;.t its 'ntirey. 17- ibeya 15th July 9 1983
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