19820729 TZHC Mbeya
Conviction under section 312(1)(b) of the Penal Code is unsafe where the accused was not warned during trial that he could be convicted of the alternative offence if he failed to satisfy the court regarding lawful acquisition of property.
- Citation
- 19820729 TZHC Mbeya
- Parties
- Appellant: Felix Eliezer Ntosa; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 July 1982
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Corruption, Unlawful Possession, Procedural Fairness
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Felix Eliezer Ntosa
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant could be convicted under section 312(1)(b) of the Penal Code without being warned during trial
- 2 Whether the appellant lawfully acquired the property in question
Ratio Decidendi
Conviction under section 312(1)(b) of the Penal Code is unsafe where the accused was not warned during trial that he could be convicted of the alternative offence if he failed to satisfy the court regarding lawful acquisition of property.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence and order of lower court set aside
Full Case Text
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