Tanzania Judgment

TZHC

19760423 TZHC Arusha

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Source document

01

Holding and result

The appellant's conduct upon the arrival of the police was consistent with innocence, and there was insufficient evidence to prove that he knew the cow was stolen. Therefore, the conviction could not be sustained.

Court disposition

conviction quashed, sentence set aside, appellant released unless held for other lawful cause

Orders

  • conviction quashed
  • sentence set aside
  • appellant to be released unless held for other lawful cause

02

Material facts

Parties

Thomas M. Elliott

Appellant

The Republic

Respondent Counsel: Mr. Mwipopo

03

Procedural history

  1. Posture

    Criminal Appeal / Judgment on Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant argued that he joined the other accused on the journey to sell the cow without any knowledge that the cow had been stolen and that his conduct upon the arrival of the police was consistent with innocence.
Respondent
The Republic was unable to support the conviction and agreed that it could not be sustained.

05

Court’s reasoning

  1. 01

    general criminal law principles

    A conviction cannot be sustained where the evidence does not establish guilty knowledge or participation in the offence beyond reasonable doubt.

06

Ratio, limits and disposition

Ratio decidendi

The appellant's conduct upon the arrival of the police was consistent with innocence, and there was insufficient evidence to prove that he knew the cow was stolen. Therefore, the conviction could not be sustained.

Court disposition

conviction quashed, sentence set aside, appellant released unless held for other lawful cause

  • conviction quashed
  • sentence set aside
  • appellant to be released unless held for other lawful cause

Source and reliance status

TZHC · 23 April 1976

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Judgment reading view

Judgment text

The complete available source text.

Source document

TZHC

Judgment· 23 April 1976

19760423 TZHC Arusha

LI i 7kT TdE Hi&Ih OOJil O] TLfZIIA

AT AUHA APPELL'.TE JURI3D1ClION RIO-H COURT ORIMThAL APPEAL NO. 28 OF 1975. ORIGINAL QRIAIIAL CASE NO. 526 OF 1973 OF THE DISRIOT COT OF K0R0 TE DiSTRiCT T YOROG-JE 13EFO2E° E. H rTDunO-URU, Escj Districi Iaietrat10 TiOHAS . 1i.2 ELLLJTT (Original Accused) versus THE REPUELId 000• • . RESPONDENT (OiginL otutor)

JUDGELIIDNT J TY'.. . . . A 0 Vhei this appeal cane on for hearing on 28/11/75, the Republic was unable to suport the conviction an.: I agreed that the conviction could not be sustained and so I quashed the coáaviction and set aside the sentence and ordered the release of the eplJellant from jail unless held for other lawful causo, but I rossrvcd my reasons which I now proceed • ive then here below. The facts of the cccc according: to the prosecution are that during the night. 0f 1/2nd Noverber 1973, P .VI .1 ' s cow was fo -und missing from the cattle kraal whore it had been kept for thc night alon:- with other cattle. On the 18th November 1973, to ocLnt and another person who was jointly carr;odAd covic3ted with tha appellant, were seen by a group of TAHU Youth League members with the missing cow. which the appellant and the other person were taking it to a butcher to offer it for sale. The TAJ\TtJ Youth Leadnemeinhers were suspicious, and they decided that so.o of t, -hc,a should kcep an eye on the anpellatrb and the cther, person while the police were informed, When the police apl3eared, the other ierson ran away, but was caught after a chase • The appellant however did not run away. In his defence, the apeliLs.nL '- r±Jer accused person had gone nast the apei1ant' o roille driving the cow claiming that howas taking the cow to sell -it at Idumbara. As appel].ant Rlso

intended to go there, he joined the other accused on the journey to Ithusehara, without any knowledge that the cow had been stolen. While at LLruwibara, they wore arrc-stco. by the police. I think the reaction of the appellant on, seeing the police is consistent with his story when contrasted with the reaction of the othei accused, who incidentally is not appealing. 7, II Thc apc11anb' S irnOCC1CO x2laiflo w hy hc CJ U ilOt joii the other c . cuscd in. ruirniw away, and we snould not have ]3een convicted.. I (I - LG_JUDGE IV Jüoient cIe1ivrd 231:1 Jpri1, 1976 in the S .. • presence of Mr. Mwipopo State Iitto .rilcyi. ;')7 L (r L iJIJLLLI) FLN/ r Ic JucE

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