19721016 TZHC Dodoma
The appellant's failure to take reasonable care or to discharge his duties in a reasonable manner, as required by section 284A of the Penal Code, was established by the evidence, justifying the conviction.
Source-derived case information.
- Citation
- 19721016 TZHC Dodoma
- Parties
- Appellant: Mohadie s/o Msliri; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 October 1972
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Loss Occasioned by Employee, Section 284 a Penal Code, Duty of Care by Public Employee
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohadie s/o Msliri
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant was criminally liable for loss occasioned to a specified authority under section 284A of the Penal Code
- 2 Whether the conviction and sentence were proper
Ratio Decidendi
The appellant's failure to take reasonable care or to discharge his duties in a reasonable manner, as required by section 284A of the Penal Code, was established by the evidence, justifying the conviction.
Court Disposition
Appeal dismissed
Orders
- Conviction and sentence of one year imprisonment upheld
Full Case Text
Judgment text and source record
1 paragraphs
,- IN TRE HIGH COURT OF TANZANIA AT DODOMA APPELLATE JURISDI CT ION HIGH COURT CRIMINAL APPEAL NO. 67 OF 1972 ORIGINAL CRIMINAL CASE NO 3 OF 1972 OF THE :DISTRICT COURT OF KONGWA DISTRICT AT KONGWA Before B. P. Moshi Esq., , ...... .......... ....Resident Magistrate MOHADIE S/O MSL1RI ......................... . .Appellant (U., rjcpna Accused) Versus THE REPI.JTBLIO ............ ....... . .............. •. .Respondent -. (Original Prosecutor) 11-iarge: Loss occasioned to a specified authority by an /_ , employee c/s 284A of the Penal Code, Cap. 16. J U D G E N B N T KIKIMA AG.J.. The appellant was working in the Revenue office of the Government of the United Republic of Tanzania at Kongwa. On the material day he acted as cashier0 It was when he was thus acting that shs. 8000/= was lost. There is nothing that could be done to help him because the provisions of section 284 of the Penal Code are' so broad. There can be no question that the loss,was at least dueto "his failure to take reasonable care or to discharge his duties in a reasonable manner". The appellant pleads in his petit iota that the loss may have occured by reason of his tiredness. He cannot however, argue that to continue making payments under circumstances J likely to cause loss is to discharge his duties reasonably. Although the person benefiting from the loss may have been soLieone else 'it cannot he said that the learned Resident Magistrate erred in convicting the appellant in as much as the evidence before him established the offence under section 284 A in all its ingredients. In sentencing the appellant the convicting -magistrate reasoned that the offence was serious and in prevalent. The youth and clean record of the accused were also taken into account, He then sentenced the appellant to one year imprisonnet In his petition the appellant does not complain that the scntence Is excessive. Indeed it does not call for interference although it is quite stiff under the circumstances. The appeal must therefore fail and it is hereby dismissed in its entirety. Dodoma ' N. H. A. Kwikiva 16th October, 1972. Ag. Judge.