19850417 TZHC Dar es Salaam2
The appellant did not wilfully cause the damage; removing the barrier did not amount to malicious damage as the prosecution failed to prove wilfulness and unlawfulness.
Source-derived case information.
- Citation
- 19850417 TZHC Dar es Salaam2
- Parties
- Appellant: Saidi Mrutu; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 April 1985
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal allowed
- Legal Topics
- Malicious Damage to Property, Wilfulness, Unlawfulness, Burden of Proof
- Source Language
- english
Criminal Law Malicious Damage to Property Wilfulness Unlawfulness Burden of Proof
Source-derived case record
Summary, issues, holding and outcome
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Parties
Saidi Mrutu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the appellant wilfully and unlawfully damaged property under section 326(1) of the Penal Code
- 2 Whether the prosecution proved the ingredients of malicious damage to property
Ratio Decidendi
The appellant did not wilfully cause the damage; removing the barrier did not amount to malicious damage as the prosecution failed to prove wilfulness and unlawfulness.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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