19730828 TZHC Mwanza4

19730828 TZHC Mwanza4

The court found that although the appellant was intoxicated, the evidence did not establish that he was so drunk as to be incapable of knowing what he was doing. The appellant admitted collecting the money and failing to remit the shortage. The trial magistrate was correct in rejecting the defence of incapacity due to intoxication.

Citation
19730828 TZHC Mwanza4
Parties
Appellant: Gaudence Bundala; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 August 1973
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Theft by Public Servant, Stealing by Person Employed in Public Service, Penal Code Sections 270 and 265
Source Language
English
Criminal Law Theft by Public Servant Stealing by Person Employed in Public Service Penal Code Sections 270 and 265

Case Brief

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Parties

Gaudence Bundala

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was guilty of theft by a public servant under sections 270 and 265 of the Penal Code
  2. 2 Whether the appellant's intoxication negated criminal liability
  3. 3 Whether the trial magistrate erred in rejecting the appellant's defence

Ratio Decidendi

The court found that although the appellant was intoxicated, the evidence did not establish that he was so drunk as to be incapable of knowing what he was doing. The appellant admitted collecting the money and failing to remit the shortage. The trial magistrate was correct in rejecting the defence of incapacity due to intoxication.

Court Disposition

appeal dismissed

Orders

  • conviction, sentence, and order to refund upheld