19701021 TZHC Dar es salaam

19701021 TZHC Dar es salaam

The evidence did not establish the essential ingredients of the offences charged; the prosecution failed to prove that the appellant created a disturbance or incited physical violence, and the magistrate's judgment was prejudiced and unsupported by evidence.

Citation
19701021 TZHC Dar es salaam
Parties
Appellant: KILRUDIN; Respondent: THE REPUBLIC
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 October 1970
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; convictions quashed; sentences set aside
Legal Topics
Abusive Language, Disorderly Conduct, Breach of the Peace, Police Conduct, Appeal Procedure
Source Language
English
Criminal Law Abusive Language Disorderly Conduct Breach of the Peace Police Conduct Appeal Procedure

Case Brief

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Parties

KILRUDIN

Appellant

THE REPUBLIC

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant's conduct constituted an offence under section 89(1)(b) of the Penal Code
  2. 2 Whether the appellant's conduct at the police station constituted disorderly conduct under sections 101(1) and 102 of the Police Ordinance
  3. 3 Whether the trial magistrate's judgment was impartial and supported by evidence

Ratio Decidendi

The evidence did not establish the essential ingredients of the offences charged; the prosecution failed to prove that the appellant created a disturbance or incited physical violence, and the magistrate's judgment was prejudiced and unsupported by evidence.

Court Disposition

appeal allowed; convictions quashed; sentences set aside

Orders

  • If fines have been paid, these are to be refunded to the appellant.