19800714 TZHC Tabora
The trial magistrate was justified in believing the prosecution witnesses that the radio belonged to the appellant, and since the radio was proven stolen, the conviction was sound.
Source-derived case information.
- Citation
- 19800714 TZHC Tabora
- Parties
- Appellant: Joseph Gilya; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 July 1980
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Receiving Stolen Property, Appeal Against Conviction, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph Gilya
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the conviction for receiving stolen property was justified
- 2 Whether the sentence imposed was appropriate
Ratio Decidendi
The trial magistrate was justified in believing the prosecution witnesses that the radio belonged to the appellant, and since the radio was proven stolen, the conviction was sound.
Court Disposition
Appeal dismissed
Orders
- Conviction upheld
- Sentence of three years' imprisonment confirmed
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT TABORA APPELLATE JURISDICTION (Tabora Registry) (Hc) CRIMINAL APPEAL N. 229 OF 1979 ORIGINAL CRIMINAL CASE NO0 32 OF 1978 OF THE DISTRICT COURT OF iSWA DISTRICT AT MASL Before: Shilogile Wcc. District Maqi JOSEPH GILYA 0 . . . . . ver,)us (Orjjna]. Accused) THE REPUBLIC 0 o o a ....... c a a a a a a a a a a a a a a o . .. a a a a a • Respondent CHARGE: Receiving stollen property c/s 311 (1) of the Penal Code. J U D G M EN T N.M. MUSHI,J: The appellant, Joseph ilya, was convicted for receiving stollen property c/s 311 (1) of the Penal Code and was sentenced to three years imprisonment. He is appealing against such conviction and sentence. There was evidence tha some radios were stollen from the store of Education Department. One Charles I3alole who was charged with the appeallant was found in rossession of one radio which radio was identified to he one of the raios stollen from the Education Department store. Charles Balole told the police who serhed his house that the said radio had been lent to him by the appellant. Charles repeated the same in court and called one other person who supported his allegations. The appellant denied to have • had anything to do with Lho radio. No reason has been given as to why Charles Balole and his witness dhould a-sociate the appellant as the owner of the radio. In his memorandum of appeal, the appellant says he sees no reason as to why the trial magistrate should believe Charles Balole and his witness. The learned trial magistrate heard and saw the witnesses, and was in a position to determine whether or not they were telling the truth. The learned trial magistrate was in my considered opinion, fully justified in believing the witnesses to the effect that the radio belonged to • the appellant. As the radio prôved to have been stollen from Education Department, the conviction was sound. 'pjeal against conviction is dismissed. Regarding the sentence, it is the minimum provided by law 0 The appeal is dismissed in its entirev. N. M. MUSHI, J. 14/7/80 14/7/80 Coram: N. N. Mushi, J. Appellant — Absent Mr. Chaila: State Attorney0 Judgement read in Chambe. N. H. MUSjL, J. 14/7/80 CERTIFIED TRUE COPY OF THE ORIGINAL - -