19730612 TZHC Mwanza
The evidence on record was unsatisfactory and failed to prove conclusively the guilt of the appellants; it would be unsafe to allow the conviction to stand.
Source-derived case information.
- Citation
- 19730612 TZHC Mwanza
- Parties
- Appellant: Lucas Maralf; Appellant: Hamisi Ally; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 12 June 1973
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Stealing by a Public Servant, Assault Causing Actual Bodily Harm
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucas Maralf
Appellant
Hamisi Ally
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 whether the evidence proved guilt beyond reasonable doubt
- 2 whether conviction and sentence were safe
Ratio Decidendi
The evidence on record was unsatisfactory and failed to prove conclusively the guilt of the appellants; it would be unsafe to allow the conviction to stand.
Court Disposition
appeal allowed
Orders
- convictions quashed
- sentences set aside
Full Case Text
Judgment text and source record
1 paragraphs
< IL I IN THR HIGH COUHT OF TANZANIA AT MTANZA. APPIJLATE JURISDICTION HIGH COULT CRIMINAL APPEALS NOS, 395 & 44 OF 1972. (Original Criminal Case No, 1452 of 1972 of the District Court of Mwanza District at Mwanza - Before S. langwe sq; District Magistrate) LUCAS MARALF I HAMIS ALLY (Original Acbisad.$) var sus THZRFPUBLIC ................................. . . . .R3pOND1'T (Original Prosecutor) CHARG5': 1st Count: Stealing from a Motor Vehicle c/s 269(e) of the P. C. 2nd. Count: Assault causing actual bodily harm c/s 241 of the P. C. JU D G M H N T. Fatal, J. Appellants were convicted of 'Stealing by a Public Servant' and sentenced to five years and three years imnrisonment resnectively.. Both now apneal against conviction and sentence. Appellant Hamisi Ally anneared in person and said he did not steal the tyre in question from the Landrover and trial magistrate was wrong in his finding. Learned. State Attorney said there are some unsatisfactory and doubtful asects of the case and as a result Renublic did not sunnort conviction. Having gone through the record carefully I agree with learned. State Attorney evidence as is on record is unsatisfactory and fails to prove conclusively the guilt of the anpellants for the offences with which they are charged. It will be most unsafe to allow-conviction to stand on such evidence. For these reasons both appeals are allowed.. Convictions on both appellants are quashed and sentences are sat aside. It is. ordered that both appellants be set free forthwith unless otherwise legally held. (J.B. Fatal). 11th June, 1973. JUDGE. Delivered in Court this 12th day of June, 1973 in nresence of Mr. Sekule for the Republic. wanza. (J. BPatel), 12th Jane, 1973- JUDGE.