19770824 TZHC Dodoma3

19770824 TZHC Dodoma3

The appellant's representations that he had a vehicle and could transport goods were false and made with intent to defraud, which induced the complainant to give him money. The conviction for obtaining money by false pretences was therefore proper. The sentence of three years' imprisonment was within the statutory maximum and justified by the circumstances.

Citation
19770824 TZHC Dodoma3
Parties
Appellant: Jotham s/o Tuj; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 August 1977
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed; conviction and sentence confirmed
Legal Topics
False Pretences, Obtaining Money by False Pretences, Sentencing, Appeal Procedure
Source Language
English
Criminal Law False Pretences Obtaining Money by False Pretences Sentencing Appeal Procedure

Case Brief

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Parties

Jotham s/o Tuj

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant's representations amounted to false pretence under section 301 of the Penal Code
  2. 2 Whether the conviction for obtaining money by false pretences was proper
  3. 3 Whether the sentence imposed was excessive

Ratio Decidendi

The appellant's representations that he had a vehicle and could transport goods were false and made with intent to defraud, which induced the complainant to give him money. The conviction for obtaining money by false pretences was therefore proper. The sentence of three years' imprisonment was within the statutory maximum and justified by the circumstances.

Court Disposition

appeal dismissed; conviction and sentence confirmed

Orders

  • Conviction for obtaining money by false pretences confirmed
  • Sentence of three years' imprisonment confirmed