19721222 TZHC Mwanza3

19721222 TZHC Mwanza3

Attempted robbery charge not proved beyond reasonable doubt; conviction quashed. Resisting arrest conviction upheld as police had reasonable grounds for arrest and appellants unlawfully resisted.

Citation
19721222 TZHC Mwanza3
Parties
Appellant: Giei s/o Kimahdi; Appellant: Sii s/o Mchahdi; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 December 1972
Procedural Posture
Criminal Appeal / Judgment
Outcome
partially allowed
Legal Topics
Attempted Robbery, Resisting Arrest, Malicious Damage to Property
Source Language
English

Case Brief

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Parties

Giei s/o Kimahdi

Appellant

Sii s/o Mchahdi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

  1. 1 Whether the charge of attempted robbery was proved beyond reasonable doubt
  2. 2 Whether the appellants lawfully resisted arrest

Ratio Decidendi

Attempted robbery charge not proved beyond reasonable doubt; conviction quashed. Resisting arrest conviction upheld as police had reasonable grounds for arrest and appellants unlawfully resisted.

Court Disposition

partially allowed

Orders

  • Conviction on count 1 quashed and sentence and order on it set aside
  • Appeal against conviction and sentence on count 2 dismissed