19791019 TZHC Dar es Salaam
The conviction was justified based on the evidence that the accused took the stolen timber from the forest to the workshop. The sentence was mandatory and lawful.
Source-derived case information.
- Citation
- 19791019 TZHC Dar es Salaam
- Parties
- Appellant: Jumasalunkisapile; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 October 1979
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal rejected
- Legal Topics
- Theft, Appeal, Evidence Assessment
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jumasalunkisapile
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for theft was supported by sufficient evidence
- 2 Whether the sentence imposed was lawful
Ratio Decidendi
The conviction was justified based on the evidence that the accused took the stolen timber from the forest to the workshop. The sentence was mandatory and lawful.
Court Disposition
appeal rejected
Orders
- conviction and sentence affirmed
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT DAR ES SAIAN HIGH COURT CRIMINAL APPLI NO. 145 OF 1979 ORIGINAL CRIMINAL CASE NO. 625 OF 1977 OF THE DISTRICT COURT OF MOROGORO DISTRICT AT MOROGORO Befàre J. M. NYMOGA, ESQ., District Magistrate JUMASALUNKISAPILE -.., 00.,.....APPELLUT VERSUS THE REPUBLIC ..., ........ O.....RESPONDBNT ORDER Mapigano, J. - The accused was convicted for theft contrary Cto section 265 of the Penal Code, and sentenced to three year's imprisonment. I have gone through the record and I am satisfied that there was sufficieiit evidence in support of the conviction. The stolen p1bpe r ty, pices of timber, was stolen from the forest on 5th November,1977 an traced at the workshop of one Sinkh on the following days There was evidence that it was the accused who took the timb;er from the forest to the workshop. The accused flatly denied any inrolvement in the theft, but in view of the evidence on recor'd the magistrate was fully justified to record the conviction and dismiss his denial. The sentence was mandatory and cannot be disturbed. Accordingly, this appeal is rejected sunrari1y for lack of any merit. (D., P. ,MAPIGANO) JUDGE DAR ES SALAAM .Oth Octobe,l7