juma thomas mwarabu vs republic 1982 tzhc 28 2 august 1982

juma thomas mwarabu vs republic 1982 tzhc 28 2 august 1982

The conviction is upheld based on clear evidence of possession and sale of stolen plywood by the appellant; the compensation order is varied to reflect only the unrecovered value.

Citation
juma thomas mwarabu vs republic 1982 tzhc 28 2 august 1982
Parties
Appellant: Juma Thomas Mwarabu; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 August 1982
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Stealing by Servant, Compensation, Sentencing, Restitution
Source Language
English

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Parties

Juma Thomas Mwarabu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

  1. 1 whether the conviction for stealing by servant was supported by evidence
  2. 2 whether the compensation order was justified

Ratio Decidendi

The conviction is upheld based on clear evidence of possession and sale of stolen plywood by the appellant; the compensation order is varied to reflect only the unrecovered value.

Court Disposition

appeal dismissed

Orders

  • compensation order of Shs.450,000/- set aside
  • compensation order of Shs.6,000/- substituted