19710604 TZCA Dar es Salaam

19710604 TZCA Dar es Salaam

The evidence supported convictions for forgery and uttering a forged document. The charge of attempted stealing was a misdirection; the correct offence was attempting to obtain money by false pretences. The sentence for the third count was adjusted to twelve months' imprisonment to run concurrently with the other sentences.

Citation
19710604 TZCA Dar es Salaam
Parties
Appellant: Emanuel Chiza; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 June 1971
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed except for variation of conviction and sentence on third count
Legal Topics
Forgery, Uttering Forged Document, Attempted Stealing, False Pretences, Sentencing
Source Language
English

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Parties

Emanuel Chiza

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

  1. 1 Whether the conviction for forgery and uttering a forged document was supported by evidence
  2. 2 Whether the conviction for attempted stealing was proper or should have been for attempting to obtain money by false pretences
  3. 3 Whether the sentences imposed were appropriate

Ratio Decidendi

The evidence supported convictions for forgery and uttering a forged document. The charge of attempted stealing was a misdirection; the correct offence was attempting to obtain money by false pretences. The sentence for the third count was adjusted to twelve months' imprisonment to run concurrently with the other sentences.

Court Disposition

appeal dismissed except for variation of conviction and sentence on third count

Orders

  • Conviction and sentence on first and second counts affirmed
  • Conviction and sentence for attempted stealing on third count quashed