rogers festo vs republic 2021 tzhc 7610 10 december 2021
The prosecution proved beyond reasonable doubt that the appellant damaged TTCL telecommunication cables used for necessary services and occasioned loss to TTCL, supported by witness testimony, exhibits, and the appellant's caution statement. Circumstantial evidence and corroborated confession established guilt to the exclusion of any other person.
- Citation
- rogers festo vs republic 2021 tzhc 7610 10 december 2021
- Parties
- Appellant: Rogers Festo; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 10 December 2021
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Damaging Property, Occasioning Loss, Burden of Proof, Circumstantial Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Rogers Festo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the prosecution proved beyond reasonable doubt that the appellant damaged TTCL telecommunication cables
- 2 Whether the damaged cables were used for providing necessary services
- 3 Whether the appellant occasioned loss to TTCL as alleged
Ratio Decidendi
The prosecution proved beyond reasonable doubt that the appellant damaged TTCL telecommunication cables used for necessary services and occasioned loss to TTCL, supported by witness testimony, exhibits, and the appellant's caution statement. Circumstantial evidence and corroborated confession established guilt to the exclusion of any other person.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed in its entirety
- Conviction and sentence upheld
Full Case Text
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