19930521 TZCA Arusha
Acting under instructions of the Village Council does not absolve criminal liability for destruction of property; lack of knowledge is not a valid defence when the evidence shows denial of the existence of beans rather than ignorance.
- Citation
- 19930521 TZCA Arusha
- Parties
- Judge: J. KISAEGA; Judge: N. S. MNZAVA; Judge: L. M. MFALILA; Appellant: JEREMIAH AMBABA HABILI; Respondent: THE REPUBLIC
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 21 May 1993
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Malice, Unlawful Orders, Authority of Village Council, Defence of Acting Under Orders
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
J. KISAEGA
Judge
N. S. MNZAVA
Judge
L. M. MFALILA
Judge
JEREMIAH AMBABA HABILI
Appellant
THE REPUBLIC
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether appellant was lawfully convicted under section 326(1) of the Penal Code
- 2 Whether lack of knowledge of beans growing negates malice
- 3 Whether acting under instructions of the Village Council is a valid defence
Ratio Decidendi
Acting under instructions of the Village Council does not absolve criminal liability for destruction of property; lack of knowledge is not a valid defence when the evidence shows denial of the existence of beans rather than ignorance.
Court Disposition
appeal dismissed
Orders
- Appellant's conviction and sentence upheld
Full Case Text
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