19700429 TZCA Dar es Salaam6

19700429 TZCA Dar es Salaam6

The conviction on the substituted charge of conversion not amounting to theft was sound as it was firmly founded on the evidence, and variance between charge and evidence can justify amendment under section 209(1). The sentence imposed exceeded the statutory maximum and was therefore illegal.

Citation
19700429 TZCA Dar es Salaam6
Parties
Appellant: Diudi s/o Odhiambo; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 April 1970
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal against conviction dismissed; sentence reduced
Legal Topics
Charge Amendment, Stealing, Conversion Not Amounting to Theft, Sentencing
Source Language
English
Criminal Law Charge Amendment Stealing Conversion Not Amounting to Theft Sentencing

Case Brief

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Parties

Diudi s/o Odhiambo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial magistrate had power to amend the charge sheet to add a count of conversion not amounting to theft
  2. 2 Whether variance between charge and evidence makes the charge defective under section 209(1) of the Criminal Procedure Code
  3. 3 Whether the sentence imposed exceeded the statutory maximum

Ratio Decidendi

The conviction on the substituted charge of conversion not amounting to theft was sound as it was firmly founded on the evidence, and variance between charge and evidence can justify amendment under section 209(1). The sentence imposed exceeded the statutory maximum and was therefore illegal.

Court Disposition

appeal against conviction dismissed; sentence reduced

Orders

  • sentence of 9 months imprisonment quashed
  • sentence of 6 months imprisonment substituted