19790515 TZHC Tanga3

19790515 TZHC Tanga3

The appellant was found tempering with the door of the dwelling house using a screwdriver, and his acts went beyond mere preparation, constituting an attempt to break into the house. The store was part of the dwelling house, making the charge proper.

Citation
19790515 TZHC Tanga3
Parties
Appellant: Juma Bakari; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 May 1979
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Attempted Housebreaking, Minimum Sentencing
Source Language
English
Criminal Law Attempted Housebreaking Minimum Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Juma Bakari

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appellant attempted to break into a dwelling house
  2. 2 Whether the acts constituted an attempt under law
  3. 3 Whether the store was part of the dwelling house

Ratio Decidendi

The appellant was found tempering with the door of the dwelling house using a screwdriver, and his acts went beyond mere preparation, constituting an attempt to break into the house. The store was part of the dwelling house, making the charge proper.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence of three years' imprisonment affirmed