N

N

The cheque was not forged as it reflected the price of goods actually sold, not what was delivered; therefore, no offence of forgery was committed. However, the appellant was guilty of stealing by servant as he took rice meant for the customer, breaching trust as an employee.

Citation
N
Parties
Appellant: Onest Rutaa; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1977
Procedural Posture
Criminal Appeal / Judgment
Outcome
Conviction for forgery quashed; conviction for stealing by servant substituted and sentence retained.
Legal Topics
Forgery, Stealing by Servant, Breach of Trust
Source Language
English
Criminal Law Forgery Stealing by Servant Breach of Trust

Case Brief

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Parties

Onest Rutaa

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant committed forgery by filling in a cheque for a higher amount than intended
  2. 2 Whether the appellant committed stealing by servant by taking rice not delivered to the customer

Ratio Decidendi

The cheque was not forged as it reflected the price of goods actually sold, not what was delivered; therefore, no offence of forgery was committed. However, the appellant was guilty of stealing by servant as he took rice meant for the customer, breaching trust as an employee.

Court Disposition

Conviction for forgery quashed; conviction for stealing by servant substituted and sentence retained.

Orders

  • Conviction and sentence for forgery quashed
  • Conviction for stealing by servant substituted under ss. 273(b) and 265 of Penal Code