fedi so madembwe vs republic 2007 tzhc 89 27 april 2007

fedi so madembwe vs republic 2007 tzhc 89 27 april 2007

The appellant was sufficiently identified as the perpetrator, but there was no evidence of actual or threatened violence; therefore, the conviction for robbery with violence was quashed and substituted with assault with intent to steal under section 288 of the Penal Code.

Citation
fedi so madembwe vs republic 2007 tzhc 89 27 april 2007
Parties
Appellant: Fedi Madembwe; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 April 2007
Procedural Posture
Criminal Appeal / Second Appeal (high Court)
Outcome
conviction for robbery with violence quashed and substituted with conviction for assault with intent to steal; sentence reduced
Legal Topics
Robbery With Violence, Assault With Intent to Steal, Identification Evidence, Sentencing
Source Language
English
Criminal Law Robbery With Violence Assault With Intent to Steal Identification Evidence Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Fedi Madembwe

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether the appellant was properly identified as the perpetrator
  2. 2 Whether the offence involved actual or threatened violence
  3. 3 Whether the trial was conducted according to proper procedure

Ratio Decidendi

The appellant was sufficiently identified as the perpetrator, but there was no evidence of actual or threatened violence; therefore, the conviction for robbery with violence was quashed and substituted with assault with intent to steal under section 288 of the Penal Code.

Court Disposition

conviction for robbery with violence quashed and substituted with conviction for assault with intent to steal; sentence reduced

Orders

  • Conviction for robbery with violence quashed
  • Conviction for assault with intent to steal substituted under section 288 of the Penal Code