19710514 TZHC Arusha3
The conviction for house-breaking was substituted with burglary due to the offence occurring at night, but the sentence remains unaffected. The appeal fails except for the substitution of the conviction.
- Citation
- 19710514 TZHC Arusha3
- Parties
- Appellant/accused: Rassan s/o Mohamed; Respondent/prosecutor: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 May 1971
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed except for substitution of conviction
- Legal Topics
- House Breaking, Burglary, Stealing, Conviction, Sentence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Rassan s/o Mohamed
Appellant/accused
The Republic
Respondent/prosecutor
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for house-breaking was proper given the evidence of the time of offence
- 2 Whether the sentence imposed was justified
Ratio Decidendi
The conviction for house-breaking was substituted with burglary due to the offence occurring at night, but the sentence remains unaffected. The appeal fails except for the substitution of the conviction.
Court Disposition
appeal dismissed except for substitution of conviction
Orders
- Conviction for house-breaking quashed and substituted with burglary contrary to section 294 of the Penal Code
- Sentence remains unaffected
Full Case Text
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