19710804 TZHC Mwanza4
The trial court's refusal to order compensation for stolen items not recovered was incorrect; compensation can be ordered even if items are not found in the possession of the thief.
- Citation
- 19710804 TZHC Mwanza4
- Parties
- Appellant: Gerindi s/c Fedishi; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 4 August 1971
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Stealing, Compensation Order, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Gerindi s/c Fedishi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the trial court erred in its compensation order regarding stolen items not recovered
- 2 Whether conviction and sentence were justified
Ratio Decidendi
The trial court's refusal to order compensation for stolen items not recovered was incorrect; compensation can be ordered even if items are not found in the possession of the thief.
Court Disposition
appeal dismissed
Orders
- Conviction and sentence upheld
- Compensation order varied: appellant to pay complainant shs.211/- for cash and value of bicycle pump stolen
Full Case Text
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