19701106 TZHC Mwanza8

19701106 TZHC Mwanza8

The prosecution failed to prove any false pretence relating to a past or present fact; the alleged promise to pay was a statement affecting the future and cannot constitute false pretence under the law.

Citation
19701106 TZHC Mwanza8
Parties
Appellant: John s/o Jomi; Respondent: The Public
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 November 1970
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
False Pretences, Attempt to Obtain Goods, Appeal Against Conviction and Sentence
Source Language
English
Criminal Law False Pretences Attempt to Obtain Goods Appeal Against Conviction and Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John s/o Jomi

Appellant

The Public

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant attempted to obtain goods by false pretences
  2. 2 Whether the prosecution proved the alleged false pretence

Ratio Decidendi

The prosecution failed to prove any false pretence relating to a past or present fact; the alleged promise to pay was a statement affecting the future and cannot constitute false pretence under the law.

Court Disposition

appeal allowed

Orders

  • conviction and sentence set aside
  • appellant to be released unless otherwise lawfully held in custody