na TZHC Arusha 10
The court found that the evidence on record, including the possibility of a grudge and the opportunity for William Lema to plant the medicines, raised reasonable doubt as to the appellant's guilt.
Source-derived case information.
- Citation
- na TZHC Arusha 10
- Parties
- Appellant: John Nderekio Mbishi; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 1971
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Conviction upheld for unlawful possession of government stores and Part 1 poison; acquittal on charge of stealing by person employed in public service.
- Legal Topics
- Stealing by Person Employed in Public Service, Unlawful Possession of Government Stores, Unlawful Possession of Poison
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Nderekio Mbishi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for unlawful possession of government stores and Part 1 poison was supported by the evidence
- 2 Whether the appellant was framed by William Lema
Ratio Decidendi
The court found that the evidence on record, including the possibility of a grudge and the opportunity for William Lema to plant the medicines, raised reasonable doubt as to the appellant's guilt.
Court Disposition
Conviction upheld for unlawful possession of government stores and Part 1 poison; acquittal on charge of stealing by person employed in public service.
Orders
- Appellant sentenced to 12 months imprisonment on each count to run concurrently
Full Case Text
Judgment text and source record
1 paragraphs
Vol 4'44 2 IN THE HIGH COURT OF TANZANIA AT ARTJSHA APPELLATE JURI 81)1 CTI ON HIGH COURT CRIMINAL APPEAL 229/1971 ORIGINAL CRIMINAL CASE NO 143/1g7O OF THE DISTRICT COURT OF KILIMANJARO DISTRICT AT MOSHI Before J.E. Masanche Resident Magistrate.. JOHN NDEREKIO MBISHI........... ....... Appellant (Original Accused) verBus THEREPtLBLIC ............................ Respondent CHARGE: 1st Count: Stealing by person ernplojed in Public service contrary to section 270 and 265 of P.C. Cap. 16 Vol. 1 of (T) Revised Laws. 2nd Count: Unlawful possession of Government Stores contrary to section 312 A(i) and 2 of Penal Code Cap. 16 Vol. 1 of (T) . Revised Laws. 3rd Count: Unlawful possession of Part 1 poison contrary to section 25(1) (a) (b) (c) (d)(f) and 2 of the Pharmarcy Ordinance Cap. 416 of the Laws. J U D G M E N T f . The appellant is convicted of being in unlawful possession of Gdvt. Stores c/s 312 'and for being in unlawful pssession of Part 1 poison ci/s 25(l)(a)(b)(c)(d) and (f) of thearmarcy ordinance on two counts and is sentenced to 12 months imprisonment on each count to run concurrently. Origin- ally he also charged for 'stealing by person employed in public service' c/s 271 and 265 of Penal Code. He was acquitted of the offence by the learned trial magistrate. Total value of medicines involved was she. 14/55. Mr. Cassidy for the appellant submitted that the trial magistrate's finding of facts is inconsistent with final conti- cttbn, and he was not certain and had doubts. Mr. Cassidy submitted that the appellant and one William Lema were not on good terrns and William Lema was seen going to the' house of the appe1lai 4- -ith a paper bag. Appellant was not at home and he came out \ . thout the said bag. It was suggested by the appellant. that he vàs not on good terms with Williwl Lema who framed him by dumping medicines in question in his absence at his house.. I have gone carefully through the evidence on. record and judgment of the learned trial magistrate. Williath Nyengi PW5 is a watchman employed by Machatne Health Centre. He said. William Lema (Pwl) had a grudge against accused/appellant and it was possible that he put medicine in appellant's house. 2