19730302 TZHC Arusha

The prosecution failed to prove breaking and entering as required under section 296(1) or section 297 of the Penal Code; conviction cannot be sustained.

Citation: 19730302 TZHC Arusha
Parties: Appellant: Thadeo s/a Mutabingwa; Respondent: Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 2 March 1973
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed; conviction and sentence quashed
Legal Topics: Office Breaking, Breaking and Entering, Fingerprint Evidence, Burden of Proof
Source Language: English

Criminal Law Office Breaking Breaking and Entering Fingerprint Evidence Burden of Proof

Case Brief

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Parties

Thadeo s/a Mutabingwa

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the evidence proved office breaking under section 296(1) of the Penal Code
2 Whether breaking and entering with intent to commit a felony was established

Ratio Decidendi

The prosecution failed to prove breaking and entering as required under section 296(1) or section 297 of the Penal Code; conviction cannot be sustained.

Court Disposition

appeal allowed; conviction and sentence quashed

Orders

Appellant to be immediately released unless otherwise lawfully detained