19800926 TZHC Dar es Salaam

19800926 TZHC Dar es Salaam

The appellant was properly convicted for stealing by servant as all monies belonged to his employer, and the sentence imposed was illegal as it did not comply with the Minimum Sentence Act; the correct sentence is five years imprisonment.

Citation
19800926 TZHC Dar es Salaam
Parties
Appellant: George Kaula; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 September 1980
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed except for alteration of sentence
Legal Topics
Stealing by Servant, Obtaining Money by False Pretences, Sentencing, Illegal Sentence
Source Language
English

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Parties

George Kaula

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

  1. 1 Whether the appellant was properly convicted for stealing by servant and obtaining money by false pretences
  2. 2 Whether the sentence imposed was legal

Ratio Decidendi

The appellant was properly convicted for stealing by servant as all monies belonged to his employer, and the sentence imposed was illegal as it did not comply with the Minimum Sentence Act; the correct sentence is five years imprisonment.

Court Disposition

appeal dismissed except for alteration of sentence

Orders

  • Illegal sentence set aside
  • Appellant sentenced to five years imprisonment