19700715 TZHC Mwanza

19700715 TZHC Mwanza

The evidence on record, including identification by the complainant and recovery of stolen property from the accused, was sufficient to justify conviction on the two counts. The sentence of 4 years' imprisonment for robbery with violence was not excessive given the brutality of the offence.

Citation
19700715 TZHC Mwanza
Parties
Appellant (original Accused): Shabani Lamdhalani s/o Nyonza; Appellant (original Accused): Jalisi Lamulati s/o Nyonza; Respondent (original Prosecutor): The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 July 1970
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Robbery With Violence, Burglary, Possession of Firearm Without Licence, Entering Dwelling With Intent to Commit Felony, Appeal Against Conviction and Sentence
Source Language
English
Criminal Law Robbery With Violence Burglary Possession of Firearm Without Licence Entering Dwelling With Intent to Commit Felony Appeal Against Conviction and Sentence

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Parties

Shabani Lamdhalani s/o Nyonza

Appellant (original Accused)

Jalisi Lamulati s/o Nyonza

Appellant (original Accused)

The Republic

Respondent (original Prosecutor)

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction of the appellants on counts of entering a dwelling with intent to commit a felony and robbery with violence was justified by the evidence
  2. 2 Whether the sentences imposed were excessive

Ratio Decidendi

The evidence on record, including identification by the complainant and recovery of stolen property from the accused, was sufficient to justify conviction on the two counts. The sentence of 4 years' imprisonment for robbery with violence was not excessive given the brutality of the offence.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence affirmed