19810909 TZHC Dar es Salaam
There was sufficient evidence before the lower court justifying the appellant's conviction on both counts; the sentences were not excessive or unlawful.
Source-derived case information.
- Citation
- 19810909 TZHC Dar es Salaam
- Parties
- Appellant: Joseph Mirali @ Justine Mushi; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 9 September 1981
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Possession of Suspected Stolen Property, Corruption, Sentencing, Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mirali @ Justine Mushi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the conviction for possession of property suspected to have been stolen or unlawfully obtained was justified
- 2 Whether the conviction for corrupt transaction with agent was justified
- 3 Whether the sentences imposed were appropriate
Ratio Decidendi
There was sufficient evidence before the lower court justifying the appellant's conviction on both counts; the sentences were not excessive or unlawful.
Court Disposition
appeal dismissed
Orders
- conviction and sentences affirmed
Full Case Text
Judgment text and source record
1 paragraphs
JAI IN THE HI•GH COURT OF TJUZANIA AT DAR ES SALt..AN APPELLATE JURISD IC TION hIGH COURT CRIMINAL APPEAL NO. 211 OF 1979 ORIGINAL CRIMINAL CASE NO. 88 OF 1979 OF THE DISTRICT COURT OF DAR ES SALAAN DISTRICT AT KISUTU Before K.A. KASSIM, Esq., SENIOR MAGISTRATE JOSEPH IIIRALI @ JUSTThE MtJSHI • •,, , , . . APPELLA1T Origiriai Accused) versus THE REPUBLIC • . . . . . . . . . . . . . ..... . . .RESPO!DENT (Original Prosecutor) CHARGE: 1st Count: Being in possession of property suspected to have been stolen or unlawfully obtained c/s 312 (1) (a) of the Penal Code Cap.16 Vol. 1 of the Laws; as ammended by Act 26 of 1971. 2n,4 Count: Corrupt transection with agent c/s 3 (2) (a) of the Prevention Corrupt Act No.26 of 1971. C JUDGEMENT KIMICHA J. - The appellant in this case was convicted of being in possession of property suspected to have been stolen or unlawfully obtained c/s 312(i)(a) of the Penal Code and senteiiced to 1 year's imprisonment. He was also convicted of corrupt trarsaction with agent c/s 3(2)(a) of the Prevention of Corruption Act N0.26 of 1971 a:L2.d sentenced to 3 years imprisonment. Sentence to run concurrently. The prosecution case was that the appellant was on 16th January, 1979 at about 3.30 p.m. found in the Port Area by Itl No,A 4933 Cpl. Frank having tied around his legs a piece of ladies cloth valued at shs. 3,000/-. He was arrested. He soon after his arrest produced from his trousers pocJ.ot a shs.lOO/- note and (3) three twentyshiflings notes and g 0 • to Opi. Frank and begged him to release him. Copi. Prank did not release him and he instead informed PW2 Athumani Ramadhani the piece of cloth that the appellant had and the she. 160/— that he had offered him. The appellant was taken to the Police Station with the piece of cloth still tied around his legs and on his arrival at the Police Station he was photographed with it before it was taken by the Police as an exhibit. in his sworn evidence the appe1lait said that he saw the piece of cloth lying in the area and sent someone to cafl a Policeman. Cpl. frnak came and arrested him 0 He denied having bribed Cpl, Frank. After reading the record and considering the appeflants memorandum o± appeal, I am satisfied that there was sufficient evidence before the lower, court justifying the appellant's conviction on both counts. The sentence on the 2nd count is under the Minimum Sentences Act I also do not think the sentence on the first count to be excessive. The appeal is therefore dismissed in its entirety.. Delivered in open court this 9th Day of 'Stember, 1981 (M.P.KkIMIc , ). JUDGE