19840915 TZHC Arusha

19840915 TZHC Arusha

The appellants' entry was not accompanied by intent to commit a felony but a misdemeanour; the search was unlawful without a warrant or police presence; the defence of superior orders was unavailable as the orders were manifestly illegal; conviction for entering with intent to commit a felony was quashed and substituted with criminal trespass under section 299(b) of the Penal Code.

Citation
19840915 TZHC Arusha
Parties
Appellants: Yusufu Hassan & Others; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 September 1984
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed with substitution of conviction and sentence
Legal Topics
Unlawful Entry, Assault, Wrongful Confinement, Superior Orders, Search and Seizure
Source Language
English
Criminal Law Unlawful Entry Assault Wrongful Confinement Superior Orders Search and Seizure

Case Brief

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Parties

Yusufu Hassan & Others

Appellants

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellants unlawfully entered the complainant's house with intent to commit a felony
  2. 2 Whether the appellants caused grievous harm or actual bodily harm to the complainant
  3. 3 Whether the confinement of the complainant was justified

Ratio Decidendi

The appellants' entry was not accompanied by intent to commit a felony but a misdemeanour; the search was unlawful without a warrant or police presence; the defence of superior orders was unavailable as the orders were manifestly illegal; conviction for entering with intent to commit a felony was quashed and substituted with criminal trespass under section 299(b) of the Penal Code.

Court Disposition

Appeal dismissed with substitution of conviction and sentence

Orders

  • Conviction for entering with intent to commit a felony quashed
  • Conviction for criminal trespass under section 299(b) of the Penal Code substituted