19721103 TZHC Arusha

19721103 TZHC Arusha

There was no evidence of breaking, but the appellant was found inside the complainant's house before stealing anything. Conviction for housebreaking is quashed and substituted with conviction for entering a dwelling house with intent to commit a felony under section 295 of the Penal Code.

Citation
19721103 TZHC Arusha
Parties
Appellant: John s/o Joseph; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 November 1972
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
conviction for housebreaking quashed; conviction for entering a dwelling house with intent to commit a felony substituted; sentence reduced to 12 months imprisonment
Legal Topics
Housebreaking, Entry With Intent to Steal, Conviction Substitution, Sentencing
Source Language
English
Criminal Law Housebreaking Entry With Intent to Steal Conviction Substitution Sentencing

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Parties

John s/o Joseph

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the evidence supports a conviction for housebreaking under section 294 of the Penal Code
  2. 2 Whether the evidence supports a conviction for entering a dwelling house with intent to steal under section 295 of the Penal Code

Ratio Decidendi

There was no evidence of breaking, but the appellant was found inside the complainant's house before stealing anything. Conviction for housebreaking is quashed and substituted with conviction for entering a dwelling house with intent to commit a felony under section 295 of the Penal Code.

Court Disposition

conviction for housebreaking quashed; conviction for entering a dwelling house with intent to commit a felony substituted; sentence reduced to 12 months imprisonment

Orders

  • Conviction for housebreaking under section 294 quashed
  • Sentence of five years imprisonment set aside