19830901 TZHC Mbeya
- Citation
- 19830901 TZHC Mbeya
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 1 September 1983
- Posture
- Criminal Appeal / Judgment on Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 1 September 1983
- Posture
- Criminal Appeal / Judgment on Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The evidence did not prove intent to permanently deprive the owner of the excavator; thus, the conviction for theft was set aside and substituted with a conviction for conversion not amounting to theft under section 284 of the Penal Code.
Court disposition
conviction for theft set aside, conviction for conversion substituted, sentence reduced
Orders
- Conviction for theft quashed
- Conviction for conversion not amounting to theft under section 284 Penal Code substituted
- Sentence of 8 years imprisonment set aside
- Sentence of 6 months imprisonment imposed
- Immediate release ordered if sentence already served
02
Material facts
Parties
Julius Msombeja
AppellantRepublic
Respondent Counsel: State AttorneyAmounts and remedies
- Value of Stolen Property: TZS 850,000
03
Procedural history
Posture
Criminal Appeal / Judgment on Appeal
04
Questions and positions
Legal issues
- 01
Whether the appellant was guilty of stealing by a public servant under sections 270 and 265 of the Penal Code
- 02
Whether the facts supported a conviction for conversion under section 284 of the Penal Code
- 03
Appropriate sentence for the offence committed
Party arguments
- Applicant
- The appellant argued that he took the excavator as instructed and returned it to the yard the same evening, denying any intention to steal.
- Respondent
- The State Attorney argued that the correct charge should have been conversion under section 284, as there was no proof of intent to permanently deprive the owner of the excavator.
05
Court’s reasoning
Legal principles
- 01
Penal Code, sections 270 and 265
A conviction for stealing by a public servant requires proof of intent to permanently deprive the owner of property.
- 02
Penal Code, section 284
Where there is no intent to permanently deprive, the appropriate charge is conversion not amounting to theft.
06
Ratio, limits and disposition
Ratio decidendi
The evidence did not prove intent to permanently deprive the owner of the excavator; thus, the conviction for theft was set aside and substituted with a conviction for conversion not amounting to theft under section 284 of the Penal Code.
Obiter and limits
- The appellant deviated from instructions and went on a frolic of his own.
Court disposition
conviction for theft set aside, conviction for conversion substituted, sentence reduced
- Conviction for theft quashed
- Conviction for conversion not amounting to theft under section 284 Penal Code substituted
- Sentence of 8 years imprisonment set aside
- Sentence of 6 months imprisonment imposed
- Immediate release ordered if sentence already served
Source and reliance status
TZHC · 1 September 1983
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 1 September 1983
4 I IN TITIL HIGH COUHT OP f1J/ .T IiL3LY.. lILTL JIDIC2IO Mbeya Registry) ciini iu IN.G. 76 OF 1980 ORIGINJ CRBJNiL• CiSP NO. 402 CP 1979 OF TIE DITRIOT COURT OF S'NG. DISTRICT r.T S'NG Before: S. J. Lawena, Lsq. Resident Mais -tate, JuIvLEiS/0MS.iBJEJA ............. ...............4ITELLANT
VERSUS TIREEU.IC . ........ .& • . . . •. .. . . . . ...... RS1`0NiNT CUkRG; Ste4ing by a person eL!ployed in lublic Service c/ss.270 and 265 of the Penal Code, Cap.16. JTtDvfliNT The appe11art was chared with stealing by a public servant. He was a driver emp1oed by'Comnoworks Sur.thawanga On 12/12/79 he was instxv.oted to drive an eccvrtor CW 3340 from &uabawanGa to a place a11ed Ise1iya to pull out a vehicle whici'i had stuck. He did not ren. Thenext day the machine LI was found dumped in Lwiehe river. It was retrieved and returned to Oociwos yard. The appellant was charged for staling the excavator. In hia defene he admitted that he had taken the ecavator to iseha ag al1eed. EQ arue he had reurned it into the 7ard the sue evenings He was con vict6A as A .hargedi He was sentenced to 8 years iiLlvrisoruaignt (the value of stolen propery was given as Shs.850*000/=). He app1ed.. There was ample evidence that the appellant d.ove the excavator out of the yard on 12/12/79. The following day it Was ±'oun (with all the .kers). dumped in a rir, This was along Mbeya road whicb:hacl nothing todo with the place he was instructed to go. Obviously he deviated andwenton a fQjo of his own. s argued by the learned State ittomey the cO.Drect charge huld have been conversion under S.284. I am of the same view, There was :flpreof. that the appellant intended to pemanently deprive Commowo*s of
the eXcavator. It was a big thing. He could not have either kept it with him or find a bayer. I set a6L1e the convictiOn of tl1n anct s ttitzte ttherew of the one of conversion not amounting to theft c/s.284 P. C. I set aaicle the sentence of 8 years and sibstitute:thereof the one of 6 months iisoxt- uen't. This should result in his iiirediate release. The appe1 aUoed to the extcnt sttcd aoove. tbeya, 3et Septber, 1983 JUDG.4.
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