19701204 TZHC Dar es salaam

The charge was unclear and unsupported by particulars; the appellant's explanation for giving money was credible given the circumstances, and he should not have been charged with the offence.

Citation: 19701204 TZHC Dar es salaam
Parties: Appellant: Sailo s/o Isaya; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 4 December 1970
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Attempt to Commit Offence, Evidence, Procedure
Source Language: English

Criminal Law Attempt to Commit Offence Evidence Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Sailo s/o Isaya

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 whether the appellant attempted to commit an offence under sections 380, 381, and 382 of the Penal Code
2 whether the charge was properly framed
3 whether the appellant's explanation for giving money was credible

Ratio Decidendi

The charge was unclear and unsupported by particulars; the appellant's explanation for giving money was credible given the circumstances, and he should not have been charged with the offence.

Court Disposition

appeal allowed

Orders

conviction quashed
sentence set aside