Tanzania Judgment

TZHC

19830715 TZHC Mbeya4

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Professional case brief

Research organized from the available case record

Source document

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

Appellant

The Republic

Respondent

Amounts and remedies

  • Number of Accused Originally Charged: 3
  • Date of Incident: 19,800,429

03

Procedural history

  1. Posture

    Criminal Appeal / Judgment on Appeal

04

Questions and positions

Legal issues

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

  1. 01

    Trial court reasoning

    Conviction can be based on direct evidence of possession and flight from the scene.

  2. 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 text

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Source document

TZHC

Judgment· 15 July 1983

19830715 TZHC Mbeya4

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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Authorities

Authorities used by the court

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

Penal Code section 270

Legislation

Legislation referenced in the available case 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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