19830716 TZHC Mbeya2
The conviction for burglary and stealing was not sustainable as the article was found in the appellant's possession one year after the burglary; the proper conviction was for receiving stolen property under section 311.
- Citation
- 19830716 TZHC Mbeya2
- Parties
- Appellant: Ndoii; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 July 1983
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- conviction for burglary and stealing set aside; conviction for receiving substituted; sentence varied
- Legal Topics
- Burglary, Stealing, Receiving Stolen Property, Proof of Possession
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ndoii
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant committed burglary and stealing or should have been charged with receiving stolen property
Ratio Decidendi
The conviction for burglary and stealing was not sustainable as the article was found in the appellant's possession one year after the burglary; the proper conviction was for receiving stolen property under section 311.
Court Disposition
conviction for burglary and stealing set aside; conviction for receiving substituted; sentence varied
Orders
- Concurrent sentences of 3 years and 6 months set aside
- Appellant sentenced to 3 years for receiving stolen property
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