19701118 TZHC Mwanza6

19701118 TZHC Mwanza6

The conviction was unsustainable because the charge failed to plead essential ingredients, the evidence was at variance with the particulars, and Mr. Makolo was not a person employed in public service as defined by law.

Citation
19701118 TZHC Mwanza6
Parties
Appellant: Philipo Mbogo; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 November 1970
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
False Information, Public Service Employment, Defective Charge, Evidence Variance
Source Language
English
Criminal Law False Information Public Service Employment Defective Charge Evidence Variance

Case Brief

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Parties

Philipo Mbogo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the charge was defective for failing to plead intent or knowledge
  2. 2 Whether the evidence matched the particulars of the charge
  3. 3 Whether Mr. Makolo was a person employed in the public service within the meaning of section 5 of the Penal Code

Ratio Decidendi

The conviction was unsustainable because the charge failed to plead essential ingredients, the evidence was at variance with the particulars, and Mr. Makolo was not a person employed in public service as defined by law.

Court Disposition

appeal allowed

Orders

  • conviction and sentence set aside
  • appellant to be released unless otherwise lawfully held in custody