19701002 TZHC Dar es salaam

Since the conviction for burglary and stealing was quashed, the accused had not breached the probation order, and the sentence of imprisonment for breach of probation was set aside.

Citation: 19701002 TZHC Dar es salaam
Parties: Appellant: [Name not specified]; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 2 October 1970
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: Appeal allowed
Legal Topics: Stealing by Agent, Probation, Breach of Probation, Setting Aside Conviction
Source Language: English

Criminal Law Stealing by Agent Probation Breach of Probation Setting Aside Conviction

Case Brief

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Parties

[Name not specified]

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the accused breached the probation order based on a conviction that was later quashed
2 Whether the sentence of imprisonment for breach of probation was valid

Ratio Decidendi

Since the conviction for burglary and stealing was quashed, the accused had not breached the probation order, and the sentence of imprisonment for breach of probation was set aside.

Court Disposition

Appeal allowed

Orders

Sentence of imprisonment for twelve months set aside
Accused to be released forthwith if not otherwise lawfully detained