19700812 TZHC Dar es salaam5
The evidence established that the complainant was in possession of the cash and was robbed with violence; the assault element was present and the appellants acted with common intention. There was no evidence to suggest exaggeration of the amount stolen. The convictions and sentences were justified.
Source-derived case information.
- Citation
- 19700812 TZHC Dar es salaam5
- Parties
- Appellant: Futi Qn. Paulo Staratoni, Zaotiari.a. Fr.c1c Youngson Ramadhani Jjrn; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 12 August 1970
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Robbery With Violence, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Futi Qn. Paulo Staratoni, Zaotiari.a. Fr.c1c Youngson Ramadhani Jjrn
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the complainant was in possession of the cash and was robbed
- 2 Whether the assault element of robbery was present
- 3 Whether the conviction and sentence were justified
Ratio Decidendi
The evidence established that the complainant was in possession of the cash and was robbed with violence; the assault element was present and the appellants acted with common intention. There was no evidence to suggest exaggeration of the amount stolen. The convictions and sentences were justified.
Court Disposition
appeal dismissed
Orders
- convictions and sentences as imposed by the trial court will stand
Full Case Text
Judgment text and source record
1 paragraphs
L(P ..•, S / Judgment or Order on Appeal (s. 320) Criminal Form No. 33 (Approved by the High Court .1 under Section 352 of the Criminal Procedure Code). Summary rejection (s. 317) IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM APPELLATE JURISDICTION CRrmaNAL Appnx. ...... or 19.....70 Original Criminal Case No. ................... 7.7. .................. of 19... .701 the District Court of .... QQgWe ..................... District at ........ 99ge before.......... P.1... .iye1&le ........Esq., Resident Magistrate/District Magistrate. • Futi .Qn. Paulo Staratoni, .Zaotiari.a. . Fr.c1c Youngson Ramadhani Jjrn ...................................................................... versus I Appellant (Original Accused) THE REPUBLiC .......................................................................................... Respondent (Original Prosecutor) CHARGE: Robbery with violence c/s 288 of the Pexl Code, JUDGMENT/O)W/ IWALYN, J. — I cannot on the evidence or the record say that the complainant was not in possession of the cash and that he was not robbed of it. There is evidence to that effect and it has not been contraverted, It may be that complainants may be accustomed to enhance the total amount stolen, but there is nothing to show that in this case sueh has taken place. That the assault element of the robbery was present is undoubted and clearly a coxion intention on the part is the appellants is evident, In the event therefore the appeals are dismissed in their entireiy, convictions and sentences as imposed by the trial court will stand. far es Salaam. 12.8.70. gd. (. Halyn, Judge. v . r vsm 1Uh/1Z.t.)/W)m/4Up