19891107 TZHC Dar es Salaam

19891107 TZHC Dar es Salaam

Convictions on counts of forgery (counts two, five, and eight) could not stand because the charges failed to allege intent to defraud or deceive, a necessary element under s.333 of the Penal Code. Convictions on the remaining counts were supported by evidence and proper identification of the appellant.

Citation
19891107 TZHC Dar es Salaam
Parties
Appellant: Joseph Vitalis Obere; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 November 1989
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal partly allowed and partly dismissed.
Legal Topics
Forgery, Stealing, Uttering, Obtaining Goods by False Pretences, Attempt to Obtain Goods by False Pretences
Source Language
English
Criminal Law Forgery Stealing Uttering Obtaining Goods by False Pretences Attempt to Obtain Goods by False Pretences

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Parties

Joseph Vitalis Obere

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was properly convicted on counts of forgery, stealing, uttering, obtaining goods by false pretences, and attempting to obtain goods by false pretences
  2. 2 Whether the charges of forgery were properly framed under the law

Ratio Decidendi

Convictions on counts of forgery (counts two, five, and eight) could not stand because the charges failed to allege intent to defraud or deceive, a necessary element under s.333 of the Penal Code. Convictions on the remaining counts were supported by evidence and proper identification of the appellant.

Court Disposition

Appeal partly allowed and partly dismissed.

Orders

  • Convictions and sentences on counts two, five, and eight quashed.
  • Convictions on counts one, three, four, six, seven, nine, and ten upheld.