19701016 TZHC Dar es salaam
The conviction for stealing by agent could not stand because the complainant willingly parted with the money due to the appellant's false pretence; thus, the proper conviction is for obtaining money by false pretences under section 302 of the Penal Code.
- Citation
- 19701016 TZHC Dar es salaam
- Parties
- Appellant: Tholson Cikti; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 October 1970
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- conviction substituted; appeal otherwise dismissed
- Legal Topics
- Stealing by Agent, Obtaining by False Pretences, Appeal, Conviction Substitution
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Tholson Cikti
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the conviction for stealing by agent was proper
- 2 Whether the facts support a conviction for obtaining money by false pretences
Ratio Decidendi
The conviction for stealing by agent could not stand because the complainant willingly parted with the money due to the appellant's false pretence; thus, the proper conviction is for obtaining money by false pretences under section 302 of the Penal Code.
Court Disposition
conviction substituted; appeal otherwise dismissed
Orders
- Conviction for stealing by agent set aside
- Conviction for obtaining money by false pretences substituted
Full Case Text
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