19780818 TZHC Mbeya4

19780818 TZHC Mbeya4

The evidence did not conclusively prove store breaking and stealing but established possession of stolen property, warranting a conviction for receiving stolen property under section 311 of the Penal Code. The sentence of five years' imprisonment was not manifestly excessive given the circumstances.

Citation
19780818 TZHC Mbeya4
Parties
Appellant: Justin s/o Daudi; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 August 1978
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed with variation of conviction
Legal Topics
Store Breaking, Stealing, Receiving Stolen Property, Appeal Against Conviction, Sentencing
Source Language
English
Criminal Law Store Breaking Stealing Receiving Stolen Property Appeal Against Conviction 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

Justin s/o Daudi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for store breaking and stealing was justified on the evidence
  2. 2 Whether the evidence supported a conviction for receiving stolen property instead
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The evidence did not conclusively prove store breaking and stealing but established possession of stolen property, warranting a conviction for receiving stolen property under section 311 of the Penal Code. The sentence of five years' imprisonment was not manifestly excessive given the circumstances.

Court Disposition

Appeal dismissed with variation of conviction

Orders

  • Conviction for store breaking and stealing set aside
  • Conviction substituted with receiving stolen property under section 311 of the Penal Code