Tanzania Judgment

TZHC

19771124 TZHC Dodoma5

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Source document

01

Holding and result

The appellant was found in possession of the majority of the stolen cattle a short time after the theft, attempted to escape, and was identified by other accused and the complainant as having possession and offering the cattle for sale. The doctrine of recent possession applied, and the conviction for cattle theft was justified.

Court disposition

appeal dismissed

02

Material facts

Parties

Shauri s/o Gedi

Appellant

The Republic

Respondent

Amounts and remedies

  • Number of Cattle Stolen: 32
  • Number of Cattle Recovered With Appellant: 20

03

Procedural history

  1. Posture

    Criminal Appeal / Judgment on Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant claimed he was merely passing by the cattle and had nothing to do with them when arrested.
Respondent
The prosecution argued the appellant was found in possession of the stolen cattle, attempted to escape, and was identified by the complainant and other accused as having possession and offering the cattle for sale.

05

Court’s reasoning

  1. 01

    case law/common law

    Doctrine of recent possession

  2. 02

    case law/common law

    Requirement of reliable identification in criminal cases

06

Ratio, limits and disposition

Ratio decidendi

The appellant was found in possession of the majority of the stolen cattle a short time after the theft, attempted to escape, and was identified by other accused and the complainant as having possession and offering the cattle for sale. The doctrine of recent possession applied, and the conviction for cattle theft was justified.

Court disposition

appeal dismissed

Source and reliance status

TZHC · 24 November 1977

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Judgment text

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Source document

TZHC

Judgment· 24 November 1977

19771124 TZHC Dodoma5

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IN THE HIGH COURT OF TANZANIA

AT DODOMA

APPELLATE JURISDICTION CRIMINAL APPEAL NOo 166 OF 1977 ORIGINt\L CRIMIN,\L APi?o NOo 144 OF 1976

OF THE DISTRICT COURT OF MANYONI SHAURI S/O GEDio o a 0 o O O O O O O 0 0 a o • • Appcl:Li:mt (Ori0innl Accus2d) Versus THE REPUBLICa o o o o o 0 Cl O 0 0 Cl O o o oRe sponclcn t • .. • (Originnl Pros~cutor) Robbery with violence c/ss 285 and 286 of th0 Penul Codeo

JUDGMENT JONATHAN 7 J. The app,~llant und six oth,•rs were__) ch-,r,je:d jointly with robbery with violence c/ss 285 iilld 286 of i:h;, F:.::n,::;l Coc1eo The six oth, !rs were acqui th!d ul togethi.':r whih, the:: upp,:.cllc1nt wus convicb.::d of cnttl8 theft, this J b2cu.use th--.:2:2 wo.s no o.dmissibh, evid,-,nc,, to prove viol,;nce in th'"' perpdtr:1tion uf th,, th,,::ft. AgaL th12 c,mv:i_ction he has appenlc,d to this Court. The cunviction was de serveclo On th('; ;:(.;L!v:mt d,J.y 32 ht' ad of C:!.ttle o.f the complainant wore stoL.:.m wi"1ilo: gr.-::1zing o Assisted hy n;:!i9hbuurs =ind friends h" s,2t out loukin<J for them. About fi v,.~ days lnter the se--,,1rch p;:irty, acting cm :;. tip-off, travel- led to a cattle auction in the neighbourin9 district of Kondoa. Tht.ire, in ,1 bush, 3 good distance from the o.uction, th12y spotted a herd of cattleo Th,!y mow!d in accomp,:mied by -::he 1)olic;c: to find the accus,,:d p, ,rsons beside 20 h,_, 1d of c1tth~ \·.f•ich the compl3in::int id,~n tifi•!d to be among his stolen c::,,:tlc o The appellimt, unlike the oth·,,r accused persons, trL. :,l tc nc::ke an escc,p,2 and he stopp:.::d only upon th," arm,..,d police, Wu.rn:i.n0 he fu.ced the d;ciw·er of bf-! ing shot uto Th,, o.p]",;ll .mt in his unsworn stc1t"':m,~nt s::id he h,J.d only b-·t:n p:1ssinq hy those cc1ttlt~ h ..•,:i.ding for ,:J. pom1:,t, shop whc~n he w:1s

,rrest,,d and htc h;;d h.,d nothing to du wi·th tho,,e cattL:o In vic'i-, of th<:~ pros,,,cution case, llowevc:r, such clcfe:0 1c<:.: w2,.s unb2no.ble and for assur.mce th.,t t;1er-::! had b ,_ m nu mistuke in ict,"ntifying him with possession of thos.,' c:1ttle, th:, oth;;-.:r nccus<'-,c.l in their unsworn stc1tam('nts said they h:1d :-:,rri v2d there to f::.. nd thE.:: c1ppE:!lL:.nt and his two brc,tht,rs, who esc,J.j_,c,c~ c1s the police came in, havin<J possession of those c:1--ttlC:) and offering them for sale o The Lips,, of time h 1d bs:1en s;wrt :'..i1~~ thG doctrin2 of n~cent poss,2ssion was ri0htly in'rokedo H"'" 1:10.s fuuncl with the grec1ter pc.1rt of thti stol•.·cn her:! ,,nd on th~ f,'.cts I ~:r,t also so.tisfL~d th,1t h-2 Wi.lS rightly cunvicted of havj_n<J st ...~·L,n them :i.s distinct from being o. guilty r~ceiv~ro appeal is

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Penal Code sections 285 and 286

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