19780330 TZHC Dodoma
The appellant received the stolen property not to make it his own or dispose of it inconsistently with the owner's interests, but as a self-appointed agent to return it; thus, he is not guilty under section 34(1) of the Penal Code.
- Citation
- 19780330 TZHC Dodoma
- Parties
- Appellant: Dickson Mleyela; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 March 1978
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Theft, Receiving Stolen Property, Criminal Responsibility
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Dickson Mleyela
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant was guilty of stealing or receiving stolen property under section 265 and section 34(1) of the Penal Code
- 2 Whether the appellant's intention in receiving the stolen property negates criminal liability
Ratio Decidendi
The appellant received the stolen property not to make it his own or dispose of it inconsistently with the owner's interests, but as a self-appointed agent to return it; thus, he is not guilty under section 34(1) of the Penal Code.
Court Disposition
appeal allowed
Orders
- Appellant Dickson Mleyela to be forthwith released from custody
Full Case Text
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