19940406 TZHC Dar es Salaam
The appellant failed to satisfactorily explain possession of stolen property found in his house soon after the theft, justifying the conviction for burglary and stealing.
Source-derived case information.
- Citation
- 19940406 TZHC Dar es Salaam
- Parties
- Appellant: Mussa Ibrahim; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 6 April 1994
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Burglary, Stealing, Possession of Stolen Property, Appeal Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mussa Ibrahim
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the conviction for burglary and stealing was justified based on possession of stolen property
- 2 Whether the appellant provided a satisfactory explanation for possession of stolen goods
Ratio Decidendi
The appellant failed to satisfactorily explain possession of stolen property found in his house soon after the theft, justifying the conviction for burglary and stealing.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
Full Case Text
Judgment text and source record
1 paragraphs
. I I • ~I ------- . ..I k 1/(,. IN THE HIGH COURT OF TANZANIA AT DAR ES SALJAM .APPELLATE JURISDICTION PC CRIMINAL.AJ'PEAL ND., 14 OF 1991 ORIGINAL -CRIMINAL APPEAL NO. 5 OF 1989 OF THE DISTRICT COURT CF KILINDONI DISTRICT AT MAFIA · Esq.,, ~efore J. S ~ :{!MENYA ,LJ'RINCIPAL DISTRICT 1·1AGISTR.ATE MUSSA IBRAHIM • • • • o • • • , • • o o • d • Ii • , o • • o e • o • • APPELLANT versus THE REPUBLIC o e e • • • • • o • • • o o e o • • • • c e o • o o • e • RESPONDENT JUDGMENT MAIN.A, J. The appellant's conviction for burglary and stealing was based on the evidence that the stolen properties were found in his house ten days after the complainant's house was broken into; and the properties were stolen from thereino · The· primary court at_ Kilindoni in/'Mafia district sentenced the appellant to ,three years imprisonment in the first count, and six months imprisonment in the second count; to be served ~oncurrentlyo The appeal to the district· ,, . court was dismissed, and this is his second appeal, There was overwhelming•and undisputed evidence that the table and a matress were found in the appellant's house. His defence was that he had purohased those goeds. f • • ".; • r • , ·• •• But the witness whom the appellant called denied that he witnessed the sale of the properties to the appellant. In the circumstances~ the .. appellant clearly fai;J..ed to give a satisfactory explanation of h~w he came tq be in pessession·of the stolen properties so soon after the theft. The appellant was the actual· thief, and ~ot a receiver of those properties., · The se~tences are in accordance with the law and_ this appeal, therefo~e, is devoid of merit. The appeal 1s dismissed in its entiretyo .l . Ii' ' . '\k\ C\ Ii\ lv W.. J,, l'flAINA JUDGE 6/4/1994