19701204 TZHC Dar es salaam2

19701204 TZHC Dar es salaam2

The absence of stolen goods during the first search in the appellant's presence and their subsequent discovery during a second search in his absence created reasonable doubt as to whether the goods were planted, warranting the allowance of the appeal.

Citation
19701204 TZHC Dar es salaam2
Parties
Appellant: Michael s/o Onjii; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 1970
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Appeal, Evidence, Burden of Proof, Breaking and Stealing
Source Language
English
Criminal Law Appeal Evidence Burden of Proof Breaking and Stealing

Case Brief

Summary, issues, holding and outcome

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Parties

Michael s/o Onjii

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for breaking into a building and stealing was supported by sufficient evidence
  2. 2 Whether the alleged stolen goods found at the appellant's house were planted

Ratio Decidendi

The absence of stolen goods during the first search in the appellant's presence and their subsequent discovery during a second search in his absence created reasonable doubt as to whether the goods were planted, warranting the allowance of the appeal.

Court Disposition

appeal allowed

Orders

  • conviction and sentence set aside