na TZHC Mwanza 3

na TZHC Mwanza 3

The evidence did not prove indecent assault or obstruction beyond reasonable doubt, but did establish that the appellant escaped from lawful custody. The conviction for obstruction was substituted with a conviction for escape under section 116 of the Penal Code.

Citation
na TZHC Mwanza 3
Parties
Appellant: Petro Miança; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1970
Procedural Posture
Criminal Appeal / Judgment
Outcome
Conviction for obstruction quashed and substituted with conviction for escape from lawful custody under section 116 of the Penal Code.
Legal Topics
Indecent Assault, Obstructing a Police Officer, Escape From Lawful Custody
Source Language
English
Criminal Law Indecent Assault Obstructing a Police Officer Escape From Lawful Custody

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Parties

Petro Miança

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant committed indecent assault
  2. 2 Whether the appellant obstructed a police officer or escaped from lawful custody

Ratio Decidendi

The evidence did not prove indecent assault or obstruction beyond reasonable doubt, but did establish that the appellant escaped from lawful custody. The conviction for obstruction was substituted with a conviction for escape under section 116 of the Penal Code.

Court Disposition

Conviction for obstruction quashed and substituted with conviction for escape from lawful custody under section 116 of the Penal Code.

Orders

  • Conviction under section 243(b) quashed
  • Conviction for escape under section 116 of the Penal Code substituted