19700905 TZHC Dar es salaam4
The appellant's actions in showing the stones to an employee of the Diamond Cutting Company shortly after finding them created a reasonable doubt as to his guilt, thus he discharged the burden of proof required by law.
- Citation
- 19700905 TZHC Dar es salaam4
- Parties
- Appellant: Francis Andreas; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 September 1970
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Unlawful Possession, Burden of Proof, Possession of Diamonds
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Parties
Francis Andreas
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant was in unlawful possession of diamonds
- 2 Whether the appellant discharged the burden of proving lawful possession
Ratio Decidendi
The appellant's actions in showing the stones to an employee of the Diamond Cutting Company shortly after finding them created a reasonable doubt as to his guilt, thus he discharged the burden of proof required by law.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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