19740626 TZCA Dar es Salaam
There was sufficient evidence before the lower court justifying the appellant's conviction on all counts; the appeal was dismissed in its entirety.
Source-derived case information.
- Citation
- 19740626 TZCA Dar es Salaam
- Parties
- Appellant: Hamisi s/o Salimu; Respondent: Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 26 June 1974
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Personation of Public Officer, Housebreaking, Theft, Sentencing, Evidence Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hamisi s/o Salimu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction of the appellant on counts of personation, housebreaking, and theft was justified by the evidence
- 2 Whether the sentences imposed were appropriate
Ratio Decidendi
There was sufficient evidence before the lower court justifying the appellant's conviction on all counts; the appeal was dismissed in its entirety.
Court Disposition
appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
".;t';,~ :,! <. IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM APPELLATE JURISDICTION HIGH COURT CRIMINAL APPEAL NOo 4 OF 1974 ORIGINAL CRIMINAL CASE NOo 14~ OF 1973 .. OF· THfi DISTRICT COURT OF SONGEA DIS.TRICT A'r ·soNGEA Before B.. We Magabe E:,q.,, oe o., .. o.., .... .,· District M~istrate HAMIS.I. s/o SALIMU ........, .. ., ..... ., .... ., ..... ., ......... ., a .. .,. .... ., .. Appellant (Original Accused) .... - . .:.:. versus REPUBLIC,.•-• .... .,. ..... ., ....... Re~po?\dent 8.o .... o.o ................., .. ., o • • (Original.P~r) .._ ............ . JUDGEMENT KIMICHA, J., -i' 'I'J\e ·appellaftt· in tnii; case 1 Hattd..s1 s/o- ~----·· Salutn:.was· c o ~ e d ·of: 1st Count: Personating a Public j Officer·contrary to Section 1OO(a) of-the Penal Code.,._ · · ,2nd Count: Hou::to-hrc.ci.kin'::f·"Gc-"+-.....-... ..,-;., ·t-...,- ·Cccti.on 294.(1) of the Penal- ·Code. 3rd Count: Stealing contro.1.--y t:.o ..co..,.U:on 265 of the Penal Code., 4th Count:. Stealing contrary to Section 265 of the Penal .,Code.. · He had· a· rec:ord of four- previous convietions; three· of.which were relevant to counts two, three and four .. He was sentenced to twelve months" imprisonment.· for the first count, :rive years' imprisonment for the second count and to twelve mol'\ths' · imprisonment each. for .•counts three and four; sentences to run coneurently o · With reg.ar.d to ·count. one; there were two--witl\esses 'Who-testified that the appellant had represented to them as a captain -assistant to Captain Ngangisa who was atthe , .. material time, the _Army Off:tcer in-charge of th~ Songea Uni to , It was one of the witnesses' .i-eporl. to the right ·au:l:h:oriti.es that led to the appellant's arresto .... ·Furthermore, there is eTidence that the appellant solicited some favours from the witnesses by virtue of· his claimed post ... - \ Eif; repres,..:ntations were, therefore, serious and not. a mere joLe with the wi.tnesseso ··:i i::h reg a.r-d to counts two and thret::; there was evi.denc.:c that tbe coinplainant had his house ·brokert, :Lr\to •and a rumber of (:lothes stoleno '.T'he appellant was found sooh after.wards \tJead.119 tne stolen clotheso .Also e. Dhobi who was fot1hd :,.n possession of the stolen clo.thes testified in the low,~r cou1;t that they We!:'e sent to: him for washing by the appellc,nt and the appeilant di.d tidt cha11enge hii3 all~gation . .i\g,iin, 1t<rit:1 regard_ to count four, a complainant had her wa·:c!.1 ,3to1.en and the appellant admitted to have stollen 5. t ar;d then. produced i to Th-2r:~ Wc,s ,1 therefore, sufficient evidence before the lowe.r· cour-c jnst:Lfying the appellant's convictiono Th~ appeal is, for the above reason, dismissed in its ent,..ce·i:::y ~ De:~ivered :tn open Court at Dar es Salaam, this 2-hiil...:"' day of June, '19740 . /(~~ (Mo Poe : imic,ha) JUDGE· ..