19820629 TZHC Tabora
- Citation
- 19820629 TZHC Tabora
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 29 June 1982
- Posture
- Criminal Appeal / Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 29 June 1982
- Posture
- Criminal Appeal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appellant knowingly made a false report, justifying the conviction. The misjoinder of charges did not result in a failure of justice, especially as the appellant was acquitted on the second count.
Court disposition
appeal dismissed
02
Material facts
Parties
George Ernet
AppellantThe Republic
Respondent Counsel: state attorney03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the conviction for giving false information was proper
- 02
Whether misjoinder of charges caused a failure of justice
Party arguments
- Applicant
- The appellant challenged the conviction for giving false information and raised the issue of misjoinder regarding the second count.
- Respondent
- The state attorney argued that the conviction for giving false information was proper and that misjoinder did not occasion a failure of justice.
05
Court’s reasoning
Legal principles
- 01
Penal Code s.122(b)
A conviction for giving false information stands if the accused knowingly made a false report.
- 02
General criminal procedure
Misjoinder of charges does not vitiate proceedings unless it causes a failure of justice.
06
Ratio, limits and disposition
Ratio decidendi
The appellant knowingly made a false report, justifying the conviction. The misjoinder of charges did not result in a failure of justice, especially as the appellant was acquitted on the second count.
Court disposition
appeal dismissed
Source and reliance status
TZHC · 29 June 1982
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 29 June 1982
4
IN THE HIGH COURT OF TANZANIA ATTABORA. / APPLLATE JUISDICTIOi - (Tabora Registry) (Hc) CRIMINAL APPEAL NO. 128 OF 1979 ORIGINAL CRIMINAL CASE NO 209 OF 1978
OF TE ISTRICP COURT OF URAMO DISTRICT AT URAMBO Before: GJIO MUSSA Ecci TIT MAGITRATE GLORGE ERNET: versus THE REPUBLIC: . . . . . . . . . . . . . .RESPONDEItT CHARGE: 1st Count: Giving false irformation to a person employed in the Public Service c/s 122 (b) of the P.C. 2nd Count: Being in Dossession of property suspected to have been stolen C/S 312 (1) (a) of the Penal Code0 JU D G lvi E N T CHIPETA, J. I respectfully agree with the learned state attorney that the conviction of the appellant on the charge of giving false Information - cannot be impugned. There can be no doubt that the appellant made the report of theftknovig the same to be false.. In admitting the appea1 my learned brother that the second count was an offence which ought to have been charged separate1y. I am inclined to agree 1 but as the appellant was acquitted in respect of that charge, and as I am not satisfied that the misjoinder c!ccasioned any failure of justice, it is needless to dwell on the issue of misjoinder. In the result this appeal is. dismissed in its entirety. Sgd: B.D. CHIP 4 i. Delivered in Court this 29th day of June, 1982. f I - ( Sgd: B.D. CHIPFTAA, JuDq.
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