19830730 TZHC Mbeya1
Appellant was caught with the stolen cow, admitted theft, and prosecution evidence was credible; conviction and sentence upheld.
Source-derived case information.
- Citation
- 19830730 TZHC Mbeya1
- Parties
- Appellant: Mskulutal Mmzindo; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 July 1983
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Cattle Theft, Penal Code S.268 and S.265, Minimum Sentencing
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mskulutal Mmzindo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant was caught with stolen cattle
- 2 Whether the conviction was based on credible evidence
Ratio Decidendi
Appellant was caught with the stolen cow, admitted theft, and prosecution evidence was credible; conviction and sentence upheld.
Court Disposition
appeal dismissed
Orders
- conviction and sentence affirmed
Full Case Text
Judgment text and source record
1 paragraphs
#/c IN T EIG; COURT OF TJINZANIA AT 113nYA - LIAL JJ1iI ODICTION (ivibeya Registry) CRflViINAL APPXAL NO.82 OF 1981 ORIGLNL CININi4L CASE NO.91 OF 1 98 1 -OF - THE DISTRICT COURT OF' IRINGA DISTRICT AT IRINCA / Before L N B. hapaya,, Resident Magistrate. .MSKtJLUTALMMZINDO...,... ......... ........... YIPPELLANT VERSUS THI IEPtJBLIC ..... •.... •. ..,..... R3ONDEl'ST CHARG33: Cattle theft c/s.268 and 265 of the Penal Code, Cap.164 J1JDGNT EP, J. The appellant was :chaged with cattle thft. It was in evidence that :Qfl/2/811n'the .mOffling the complainant (w.i) discovered that one of his cattle was 'missing. He started to lok for it. Meanwhile the aepellant was stooped by the people of Mt4ivi1a village dri'viüg.a cow which they suspe'ted stolen. On questioning he admitted, that he had stolen it from Itama'.Ulage and volunteered to show them the boma from which he took it. On the way they met'the complainant looking for his stolen COWe He .identii.ed the cow in hands of those people. On the other band the 'appellant denied that he was found with the cow and branded those who said they caught him as liars, that the were framing him up. The trial magistrate believed the prosecution evidence and convicted the appellant. e now appeals. 'There was ample evidence that the appellant was. caught with the tol'n ccvi, The Sentence w s the minimum 1ixed by law. The appeal is dism.i,soed in. its eritirety. It - AT F. A. 30Th JJLKL L983' / I