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
Summary, issues, holding and outcome
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Parties
Giei s/o Kimahdi
Appellant
Sii s/o Mchahdi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the charge of attempted robbery was proved beyond reasonable doubt
- 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
Full Case Text
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