19700819 TZCA Dar es Salaam

19700819 TZCA Dar es Salaam

Given the seven-month gap between the breaking and the recovery of the radio, it was unsafe to convict for breaking and committing felony; the proper conviction was for receiving stolen property under section 311 of the Penal Code.

Citation
19700819 TZCA Dar es Salaam
Parties
Appellant: Mikidadi Abdallah; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 August 1970
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed with substitution of conviction
Legal Topics
Breaking Into a Building, Felony, Receiving Stolen Property, Appeal, Credibility of Witnesses
Source Language
English
Criminal Law Breaking Into a Building Felony Receiving Stolen Property Appeal Credibility of Witnesses

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Parties

Mikidadi Abdallah

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for breaking into a building and committing felony was proper given the lapse of time between the offence and the accused's possession of stolen property
  2. 2 Whether the evidence supported a conviction for receiving stolen property

Ratio Decidendi

Given the seven-month gap between the breaking and the recovery of the radio, it was unsafe to convict for breaking and committing felony; the proper conviction was for receiving stolen property under section 311 of the Penal Code.

Court Disposition

appeal dismissed with substitution of conviction

Orders

  • Conviction for breaking into a building and committing felony set aside
  • Conviction for receiving stolen property under section 311 of the Penal Code substituted