19700427 TZCA Dar es Salaam

19700427 TZCA Dar es Salaam

The evidence established beyond reasonable doubt that the appellant was in possession of house-breaking instruments by night with intent to use them for house-breaking, and his explanation was not credible.

Citation
19700427 TZCA Dar es Salaam
Parties
Appellant: Mdulama Ally; Respondent: Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 April 1970
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
appeal summarily rejected
Legal Topics
Possession of House Breaking Instruments, Intent, Sentencing
Source Language
English
Criminal Law Possession of House Breaking Instruments Intent Sentencing

Case Brief

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Parties

Mdulama Ally

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant was in possession of house-breaking instruments by night contrary to section 298 of the Penal Code
  2. 2 Whether the appellant had intent to use the instruments for house-breaking
  3. 3 Whether the sentence imposed was excessive

Ratio Decidendi

The evidence established beyond reasonable doubt that the appellant was in possession of house-breaking instruments by night with intent to use them for house-breaking, and his explanation was not credible.

Court Disposition

appeal summarily rejected

Orders

  • appeal summarily rejected
  • sentence of one year's imprisonment confirmed