na TZHC Arusha 13
The evidence did not disclose any false pretence within the statutory definition, as the transaction was a voluntary agreement for the appellant to change the money, not induced by a false representation.
Source-derived case information.
- Citation
- na TZHC Arusha 13
- Parties
- Appellant: Robert s/o Bayo; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 December 1971
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- conviction quashed
- Legal Topics
- Obtaining by False Pretences, Elements of False Pretence, Criminal Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert s/o Bayo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant obtained money by false pretences under section 302 of the Penal Code
- 2 Whether the evidence disclosed the offence of false pretence
Ratio Decidendi
The evidence did not disclose any false pretence within the statutory definition, as the transaction was a voluntary agreement for the appellant to change the money, not induced by a false representation.
Court Disposition
conviction quashed
Orders
- conviction and sentence set aside
Full Case Text
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