19790518 TZHC Tanga

19790518 TZHC Tanga

The particulars of the offence and facts adduced did not establish that the appellant received the bribe as an agent in connection with the affairs of his principal, a necessary element under section 3(2) of the Prevention of Corruption Act. Therefore, the offence was not made out in law.

Citation
19790518 TZHC Tanga
Parties
Appellant: Mashaka Hassani; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 May 1979
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; conviction quashed; sentence set aside; appellant to be released unless lawfully held for another cause
Legal Topics
Corruption, Bribery, Criminal Procedure, Elements of Offence
Source Language
English
Criminal Law Corruption Bribery Criminal Procedure Elements of Offence

Case Brief

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Parties

Mashaka Hassani

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the facts and particulars disclosed the offence of corrupt transaction under section 3(2) of the Prevention of Corruption Act, 1971
  2. 2 Whether the conviction and sentence were proper in law

Ratio Decidendi

The particulars of the offence and facts adduced did not establish that the appellant received the bribe as an agent in connection with the affairs of his principal, a necessary element under section 3(2) of the Prevention of Corruption Act. Therefore, the offence was not made out in law.

Court Disposition

appeal allowed; conviction quashed; sentence set aside; appellant to be released unless lawfully held for another cause

Orders

  • Conviction quashed
  • Sentence set aside