19700727 TZHC Dar es salaam
- Citation
- 19700727 TZHC Dar es salaam
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 27 July 1970
- Posture
- Criminal Appeal / Summary Rejection
- Language
- English
More details
- Court
- TZHC
- Decision
- 27 July 1970
- Posture
- Criminal Appeal / Summary Rejection
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The conviction was quashed because there was no evidence presented to prove the accused sold intoxicating liquor without a licence.
Court disposition
appeal allowed
Orders
- conviction quashed
- forfeiture order quashed
- fine, if paid, to be returned to the appellant
- property to be returned to the appellant
02
Material facts
Parties
Simon Israel Msuya
AppellantThe Republic
Respondent Counsel: State AttorneyAmounts and remedies
- Fine: 0
03
Procedural history
Posture
Criminal Appeal / Summary Rejection
04
Questions and positions
Legal issues
Whether there was sufficient evidence to support the conviction for selling intoxicating liquor without a licence
Party arguments
- Applicant
- The evidence of selling the liquor by the accused is absent and testimony to prove this seems to have been entirely forgotten by the prosecution.
- Respondent
- The learned State Attorney does not support the conviction.
05
Court’s reasoning
Legal principles
- 01
general criminal law principles
A conviction cannot be sustained without evidence proving the offence charged.
06
Ratio, limits and disposition
Ratio decidendi
The conviction was quashed because there was no evidence presented to prove the accused sold intoxicating liquor without a licence.
Court disposition
appeal allowed
- conviction quashed
- forfeiture order quashed
- fine, if paid, to be returned to the appellant
- property to be returned to the appellant
Source and reliance status
TZHC · 27 July 1970
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 27 July 1970
L aw Judgmeat or Order on Appeal (s.
320) Criminal Form No. 33 (Approved by the High Court under Section 352 of the Criminal Procedure Code). Summary rejection (s.
317)
IN THE HIGH COURT OF TANZANIA
AT DAR ES SALAAM
APPELLATE JURISDICTION CRIMINAL APPEAL No or 1910 . Original Criminal Csae No ............... 3? ......................... of 1970. of the District Court of ...... ... ...................... District at ........... .............................. before .... ......... Esq., )istrict Magistrate. Appellant simon Iorael Msuya versus THE REPUBLIC.......................................................................................... Respondent (Original Prosecutor) CHARGE: Soiling intoxicating liquir without a licence c/e (). and 91 of the Zntoxioating liquere Act o. 28 of 1968 / JDGMENTI9,I34 HLU, Thie appeal must be, 8Uowed and learTlel State. Attorney doec not auppox't the cOniotic The. ëvidénoe. of the selling of the liquer by the accized is abeeni and teationy to.prove thi eeetis to have been entirely tozEotten by the .prosecutè I conaeguently allow the apeal and quash th: conviction and forfeiture Ordez The fine (ft paid) to be. returned to the appellant as are. the óaeet of bee D6r , as 8alan 0. I 4tlfy that this is a UDG It the origlnaj Or d H 0 P Dsm 10224/12-65/60m/4up
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