N

The conviction cannot be sustained because the appellant entered the office using keys he was authorized to use, and the element of breaking was not present.

Citation: N
Parties: Appellant: Leonard Kiwek; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 May 1974
Procedural Posture: Criminal Appeal / Judgment
Outcome: conviction quashed
Legal Topics: Office Breaking, Stealing, Minimum Sentences, Elements of Offence
Source Language: English

Criminal Law Office Breaking Stealing Minimum Sentences Elements of Offence

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Leonard Kiwek

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the conviction for office-breaking and stealing can be sustained given the facts
2 Whether the element of breaking was present

Ratio Decidendi

The conviction cannot be sustained because the appellant entered the office using keys he was authorized to use, and the element of breaking was not present.

Court Disposition

conviction quashed

Orders

conviction set aside
sentence and compensation order set aside

N