19730421 TZHC Mwanza
The trial magistrate properly considered all evidence and followed correct procedure; there is no reason to reverse the conviction or sentence.
Source-derived case information.
- Citation
- 19730421 TZHC Mwanza
- Parties
- Appellant: Deogratius Lugoye; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 April 1973
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Stealing by Person Employed in Public Service, Sentencing, Appeal Against Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Deogratius Lugoye
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant stole funds collected as personal tax
- 2 Whether the conviction and sentence were proper
Ratio Decidendi
The trial magistrate properly considered all evidence and followed correct procedure; there is no reason to reverse the conviction or sentence.
Court Disposition
appeal dismissed
Orders
- conviction and sentence affirmed
Full Case Text
Judgment text and source record
1 paragraphs
- IA AT H ANZA. PgLLAT' JTJfl.ISDICTION HIGH.C'OURT CRIMINL :TAL NO. 141 OF 1972. (Original Criminal Cae No, 115 of 1971 of the District Court of Ngadu District at Kwinba - Before P. B. Mponzi sq; District Magistrate). D 'OGRATIAS LUGOY'. ..................................... APP JLLANT (Original Accused) versus THF RE'PUBLIC............................................ . .RI'SPONDNT (Original Prosecutor) CR(RG Stealing by norson om1oyod in '-,ublic service contrary to sections 271 and 265 of the Penal Code, JUDGMNT. Patel, J. A,ol1ant is convicted of 'Stealing by nerson emnloyed in nublic service' and is sentoncod to two years' imnrisonment with 24 strokes of cor'-ora1 nunishment. He now anals against conviction and SCflGOflCG. Arr-.ellont was at all material times om-loyad as a revenue collector by Kwitnba District Council. It was alleged be stole Shs. 2, 335/- collected by him from nublic towards nersonal tax. I ollant in his memorandum of a'neal denies flaying stolen it and says it was a nrocedural mist:ke. Learnd Senior State Attorney said there is strong evidence on record to nrovo conclusively that it was tho anrel1ant who stole the said sum. Going through the record it is clear tht the trial magistrate de1t with all issues in his oxhaustivO judgment. Procedure of rocei')t of nersonal tax, and its entry in records and remittance hace been carefully dealt with by trid magistrate. He considered all evidence before him including the dei'ance, weighed and than made his finding. I can see nothing wrong in his reasoning, argument or conclusions and there is nothing in record, judgment or memorandum of ar3l that will nnko me reverse lower courts finding. Sentence is minimum under the laws. For these reasons this anne:l fails and is dismissed in its entirety. Mwariza. (J. B.Patel). 19th Anril, 1973. JtJDGJr. Delivered in court this 21st Arril, 1973 in rosonce of Mr. Macla State Attorney, (J. BPate1). 21st Arril, 1973. JUDGL - I - ----