19831212 TZHC Mbeya 1
The evidence and circumstances proved beyond reasonable doubt that the appellant received shs. 2,000/= as part payment of shs. 15,000/= corruptly, justifying conviction under the Prevention of Corruption Act, 1971.
- Citation
- 19831212 TZHC Mbeya 1
- Parties
- Appellant: Martin Omari Mwayakamba; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 12 December 1983
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Corruption, Criminal Procedure, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Martin Omari Mwayakamba
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant received money corruptly in violation of the Prevention of Corruption Act, 1971
- 2 Whether the appellant was denied the opportunity to call defence witnesses
- 3 Whether there was bias or conspiracy between the magistrate and prosecutor
Ratio Decidendi
The evidence and circumstances proved beyond reasonable doubt that the appellant received shs. 2,000/= as part payment of shs. 15,000/= corruptly, justifying conviction under the Prevention of Corruption Act, 1971.
Court Disposition
appeal dismissed
Orders
- Conviction and sentence of three years imprisonment affirmed
- No enhancement of sentence
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