N

N

The cheque was not forged as it was made out for the price of three bags actually sold, not for what was delivered. However, the appellant was guilty of stealing by agent, as he appropriated rice intended for Salum, using a receipt in Salum's name, and denied receiving it.

Citation
N
Parties
Appellant: Theonest Rutja; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1977
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
conviction for forgery quashed; conviction for stealing by servant substituted and sentence retained
Legal Topics
Forgery, Stealing by Servant, Appeal, Conviction, Sentence
Source Language
English
Criminal Law Forgery Stealing by Servant Appeal Conviction Sentence

Case Brief

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Parties

Theonest Rutja

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant committed forgery by filling in a cheque for an amount greater than intended
  2. 2 Whether the appellant was guilty of stealing by servant

Ratio Decidendi

The cheque was not forged as it was made out for the price of three bags actually sold, not for what was delivered. However, the appellant was guilty of stealing by agent, as he appropriated rice intended for Salum, using a receipt in Salum's name, and denied receiving it.

Court Disposition

conviction for forgery quashed; conviction for stealing by servant substituted and sentence retained

Orders

  • Conviction and sentence for forgery quashed
  • Conviction under sections 271 and 265 set aside and substituted with conviction under sections 273(b) and 265