19800506 TZHC Dar es Salaam

19800506 TZHC Dar es Salaam

The appellant's act of offering money to the police corporal, coinciding with a request for a travel permit, constituted a corrupt transaction under section 3(2) of the Prevention of Corruption Act, regardless of whether the corporal had the actual authority to issue the permit.

Citation
19800506 TZHC Dar es Salaam
Parties
Appellant: Mohamed Ally; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 May 1980
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Corrupt Transactions, Bribery, Public Officer Misconduct, Appeals
Source Language
English
Criminal Law Anti Corruption Corrupt Transactions Bribery Public Officer Misconduct Appeals

Case Brief

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Parties

Mohamed Ally

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant's act constituted a corrupt transaction under section 3(2)(3)(a) of the Prevention of Corruption Act 16 of 1971
  2. 2 Whether the police corporal had the authority to issue the travel permit and if that affected the charge
  3. 3 Whether the trial magistrate erred in assessing the credibility of witnesses

Ratio Decidendi

The appellant's act of offering money to the police corporal, coinciding with a request for a travel permit, constituted a corrupt transaction under section 3(2) of the Prevention of Corruption Act, regardless of whether the corporal had the actual authority to issue the permit.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence affirmed