19750428 TZHC Dodoma1
The convictions were supported by clear evidence and the sentence for the second count was mandatory under the Minimum Sentences Act as the offence involved a specified authority.
Source-derived case information.
- Citation
- 19750428 TZHC Dodoma1
- Parties
- Appellant: Selemani s/o Mpaki; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 April 1975
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Forgery, Attempt to Obtain Money by False Pretences, Minimum Sentences Act
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Selemani s/o Mpaki
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the convictions for forgery and attempted obtaining by false pretences were proper
- 2 Whether the sentence imposed was lawful under the Minimum Sentences Act
Ratio Decidendi
The convictions were supported by clear evidence and the sentence for the second count was mandatory under the Minimum Sentences Act as the offence involved a specified authority.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed in its entirety
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT DODOMA APPELLATE JURISDIcTION HIGH COURT CRII'INAL APPEAL N00120 OF 1974 ORIGINAL CRIMINAt CASE NO0 451 OF 1973 OF THE DISTRICT COURT OF SINGIDA DISTRICT AT SINGIDA BEFORE W. R. MRAMBA, ESQO RESIDENT MAGISTRATE. SELEMANI SIO MPAKI APPELLANT (ORIGINAL ACCUSED) yerus THE REPUBLIC 00000000000000000000000000 RESPONDENT (ORIGINAL PROSECUTOR) CHARGE: 1st count: Forgery c/ss 333 and 337 of the Penal Code 2nd count: Attempted to obtain money by false pretences c/ss 302 and 381 of the Penal Code Cap016 of the laws0 - J U D G M E N T N WE S IU J. The appellant Selemani s/o Mpaki was convicted by Singida District court of two counts,- first- forgery contrary to sections 333 and 337 of the Penal Code, and secondly attempting to obtain money by false pretences contrary to sections 302 and 381 of the Penal Code. For the 1st count he was awarded a sentence of six (6) months imprison- ment while for the 2nd cOunt he was given a three years sentence of imprison- ment.and both were ordered to run concurrently0 Aggrieved by that decision he zow appeals to this cpurt against both conviction and sentence0 On abundantly clear evidence the appellant was convicted of those offences0 Thus as to the convictions they cannot be faulted0 They are accordingly suS- tained. Turning to the question of sentence on the second count I entirely agree with the learned State Attorney Mr. Mbilinyi who appeared before this court on behalf of the Republic that that offence falls within the scope of the Schedule to the Minimum Sentences Act No01 of 1972. This can clearly be seen when section 10 of the Schedule is read togethr with section 12 of the same schedule and the fact that the Tanzanian National Bank of Commerce from which the aPpellant attempted to obtain the money by false pretences is a specified authority. For the foregoing reasons this appeal cannot.be allowed0 It has no merit -- at all to warrant even further attention by this court0 Consequently I order that it be and is hereby dismissed in its entirety0 Delivered in open court at Dodoma this 28th day of April, 1975 - Ak Mwesiumo • AG0 JUDGE For the Republic: Mr. V. K. D. Lyimo, State Attorney For Appellant: Absent