19830810 TZHC Mbeya1
- Citation
- 19830810 TZHC Mbeya1
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 10 August 1983
- Posture
- Criminal Appeal / Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 10 August 1983
- Posture
- Criminal Appeal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The conviction was upheld as the identification evidence was sufficient and reliable; the appellant was seen carrying stolen goods and was identified by pursuers.
Court disposition
appeal dismissed
Orders
- conviction and sentence confirmed
02
Material facts
Parties
Hamisi Saidi Mja
AppellantRepublic
RespondentAmounts and remedies
- Value of Stolen Items: Shs 1,500
03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the conviction for storebreaking and stealing was supported by evidence
- 02
Whether the identification of the appellant was reliable
Party arguments
- Applicant
- The appellant challenged the conviction, presumably on grounds of identification and procedural irregularities.
- Respondent
- The respondent relied on the evidence of identification by the watchman and others, and the circumstances of the appellant absconding.
05
Court’s reasoning
Legal principles
- 01
Judicial precedent, Penal Code
Conviction can be sustained on reliable identification evidence even if the accused absconds.
06
Ratio, limits and disposition
Ratio decidendi
The conviction was upheld as the identification evidence was sufficient and reliable; the appellant was seen carrying stolen goods and was identified by pursuers.
Court disposition
appeal dismissed
- conviction and sentence confirmed
Source and reliance status
TZHC · 10 August 1983
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 10 August 1983
01 I> IN Ti LJI cOURT Q1 r 1;i JIJRL.i)ICfl'1ON (Lb: yt Registry) CRIIVIINAL UiEAL NO. 42 OP 1961 ORIGINAL CBflJNL GaSL NO. 636 OF 1979 OF THE DISTRICT COURT OF IRINGA DISTRICT iT IRINGA Before:: ). I. liwakalobo, Disrict Maistrate. 1iAiliISI SAIDI iI JjA .. . ..... .:o. . ..... o ...... . .APPJLLANT
VERSUS T RElUIC . . . ,. . . . . ... . . . a a , a.. . . • is RESPONDENT Off -ice breaking and stealing c/ss.296 (i) and 265 of the. Penal Code.
JUDGL U4ai, J. The appellant was charged with storebreaking and stealing 4 It was in Qvidenoe ;that during the night of 27/11/79 the premises of Irixia Bookshop !Sb±okên: into and various items to the val&e of Shs , l,500 sto3en. The appellant: was suspected and was charged- Afterthe clöseof psetio •ase.- he. absconded from prisca. The trial arid convicted the appellant; as charged and aentnced hic to 3. ment.on 26/5/80. - It is not known when the appent was asd and sommitted to prison but the prison record shciw he stated td serve hi sentence on 20/11/80. On 14/4/ 81 he filed, this appeal. In reading the record I Iind that the appetlant was a1ut pedlmndèd. He was cha11enged: by the watchman of Lingai stoe (14.2) Carrying a bundle., He dropped the bundle and ran away. Several peJ. irud. him. )tltbough he vas not caujht that day his pur=4&rA &i.cient].j 4entifjed him. Iree preLng him durin th day, about 7 a.m, and no question of r sin his i der ty Conviction bowid,.. Sentee&4xL oxdr4 The appeal is ChSLJ.Ssc.d ii its 'itrety. F. 1t44- st, 1983 YTDGJ. &c.
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