omary so chimpele milanzi vs republic 2009 tzhc 265 20 april 2009

The prosecution failed to prove forgery due to lack of payroll exhibits, but proved stealing by a public servant based on the auditor's report and the appellant's responsibility for payrolls and unreturned funds.

Citation: omary so chimpele milanzi vs republic 2009 tzhc 265 20 april 2009
Parties: Appellant: Omary s/o Chimpele @ Milanzi; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 April 2009
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal partly allowed and partly dismissed
Legal Topics: Forgery, Stealing by Public Servant, Burden of Proof, Evidence Admissibility
Source Language: English

Criminal Law Public Service Law Forgery Stealing by Public Servant Burden of Proof Evidence Admissibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4

Parties

Omary s/o Chimpele @ Milanzi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the appellant forged signatures of retired officers into payrolls
2 Whether the appellant stole government money by virtue of his employment
3 Whether both the Headmaster and the appellant were responsible for returning unpaid salaries

Ratio Decidendi

Court Disposition

appeal partly allowed and partly dismissed

Orders

Appellant acquitted on 30 counts of forgery under sections 333 and 337 of the Penal Code.
Appeal dismissed on 30 counts of stealing by a person employed in the public service under sections 270 and 265 of the Penal Code.