NA TZCA Dar es Salaam3

NA TZCA Dar es Salaam3

The first appellant was guilty of theft of Shs.1,472/- based on credible evidence and his own confession to the investigating accountant, which was found admissible and voluntary. The second appellant was guilty of theft of Shs.1,472/- and Shs.6,428/- based on his admissions and preparation of bogus vouchers. The...

Source-derived case information.

Citation
NA TZCA Dar es Salaam3
Parties
Appellant: Mikila; Appellant: Mlissa; Respondent: The Public
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 June 1970
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeals dismissed with variations
Legal Topics
Theft by Public Servant, Sentencing, Admissibility of Confession, Minimum Sentences Act, Evidence Evaluation
Source Language
english
Criminal Law Theft by Public Servant Sentencing Admissibility of Confession Minimum Sentences Act Evidence Evaluation

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Summary, issues, holding and outcome

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Parties

Mikila

Appellant

Mlissa

Appellant

The Public

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellants were guilty of stealing by persons employed in public service under sections 265 and 270 of the Penal Code
  2. 2 Whether the confessions and admissions were admissible and reliable
  3. 3 Whether the Minimum Sentences Act 1963 applied to the sentences imposed

Ratio Decidendi

The first appellant was guilty of theft of Shs.1,472/- based on credible evidence and his own confession to the investigating accountant, which was found admissible and voluntary. The second appellant was guilty of theft of Shs.1,472/- and Shs.6,428/- based on his admissions and preparation of bogus vouchers. The Minimum Sentences Act 1963 did not apply as the employer was not a scheduled organization, so the corporal punishment order was quashed and only imprisonment imposed.

Court Disposition

Appeals dismissed with variations

Orders

  • Sentence of two years imprisonment for each appellant confirmed
  • Order of corporal punishment set aside