nalogwa john vs republic 2016 tzca 950 15 april 2016
The appeal was allowed as the conviction was not supported, leading to the quashing of the conviction and setting aside of the sentence.
Source-derived case information.
- Citation
- nalogwa john vs republic 2016 tzca 950 15 april 2016
- Parties
- Appellant: Nalogwa John; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 15 April 2016
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Appeal, Conviction, Sentence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nalogwa John
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the conviction and sentence against the appellant were proper
Ratio Decidendi
The appeal was allowed as the conviction was not supported, leading to the quashing of the conviction and setting aside of the sentence.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF TANZANIA AT DODOMA fCORAM : KILEO, J.A., ORIYO, J.A., And JUMA, J.A.) CRIMINAL APPEAL NO. 588 OF 2015 NALOGW A J O H N ....................................................................................... APPELLANT VERSUS THE R E P U B L IC .................................................................................... RESPONDENT (Appeal from the Judgment of the Resident Magistrate Court of Singida at Singida) (W.E. Lema, PRM fExt. Jurisdiction) dated the 3rd day of December, 2015 in PRM. Criminal Appeal No. 40 of 2015 JUDGMENT OF THE COURT Rule 39 (6) KILEO, J.A.: After having heard both the appellant and Ms. Lina Magoma, learned State Attorney who did not support conviction, and also having considered all the circumstances of the case, we are of the settled view that the appeal is with substance. In the circumstances, in terms of Rule 39 (6) of the Court of Appeal Rules, 2009 we allow the appeal by Nalogwa John conviction entered against him is quashed and the sentence imposed is set vv>- w i (_i ^ i m o ............. .... i c i c q d c 11 u i 11 jji li>Ul I Ul lltlbb lit: lb lllfcjftilll held for lawful cause. Reasons for judgment to follow in due course. DATED at DODOMA this 15th day of April/ 2016. E. A. KILEO JUSTICE OF APPEAL K. K. ORIYO JUSTICE OF APPEAL I. H. JUMA JUSTICE OF APPEAL I certify that this is a true copy ofth e original. JSSI DEPUTY REGISTRAR COURT 6 f APPEAL 2