juma swalehe vs republic 2001 tzca 23 13 september 2001

juma swalehe vs republic 2001 tzca 23 13 september 2001

The conviction was quashed because the alleged false pretence (magical multiplication of money) was made only after the complainant had already parted with the money, thus it did not induce the parting with the money as required by law.

Citation
juma swalehe vs republic 2001 tzca 23 13 september 2001
Parties
Appellant: Juma Swalehe; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 September 2001
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
False Pretences, Elements of Offence, Misrepresentation
Source Language
English
Criminal Law False Pretences Elements of Offence Misrepresentation

Case Brief

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Parties

Juma Swalehe

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the evidence disclosed the offence of obtaining money by false pretences as charged

Ratio Decidendi

The conviction was quashed because the alleged false pretence (magical multiplication of money) was made only after the complainant had already parted with the money, thus it did not induce the parting with the money as required by law.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside