19781020 TZHC Mwanza 1
The appellant was positively identified by witnesses as the person who forcibly took the child, and the evidence established the elements of child stealing under section 169(i) of the Penal Code. The conviction and sentence were justified.
- Citation
- 19781020 TZHC Mwanza 1
- Parties
- Appellant: Stephen; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 October 1978
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; conviction and sentence confirmed
- Legal Topics
- Child Stealing, Penal Code Section 169(i), Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Stephen
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant unlawfully deprived the lawful custodian of possession of a child under fourteen years
- 2 Whether the conviction and sentence were justified
Ratio Decidendi
The appellant was positively identified by witnesses as the person who forcibly took the child, and the evidence established the elements of child stealing under section 169(i) of the Penal Code. The conviction and sentence were justified.
Court Disposition
appeal dismissed; conviction and sentence confirmed
Orders
- Conviction for child stealing confirmed
- Sentence of five years imprisonment confirmed
Full Case Text
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