19850508 TZCA Dar es Salaam

Convictions for store breaking and theft cannot be sustained due to lack of identification of stolen articles; appellant found guilty of possession of property suspected to be stolen or unlawfully acquired under Section 312(1)(b) Penal Code.

Citation: 19850508 TZCA Dar es Salaam
Parties: Appellant: Khan s/o Alla; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 8 May 1985
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: convictions for store breaking and theft quashed; conviction for possession of stolen property substituted; sentences for original counts set aside; new sentence imposed; compensation order set aside
Legal Topics: Store Breaking, Theft, Possession of Stolen Property
Source Language: English

Criminal Law Store Breaking Theft Possession of Stolen Property

Case Brief

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Parties

Khan s/o Alla

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 whether identification of stolen articles was sufficient
2 whether conviction for store breaking and theft can be sustained
3 whether appellant was guilty of possession of stolen property

Ratio Decidendi

Court Disposition

convictions for store breaking and theft quashed; conviction for possession of stolen property substituted; sentences for original counts set aside; new sentence imposed; compensation order set aside

Orders

conviction for store breaking quashed
conviction for theft quashed