19780530 TZHC Dodoma1

19780530 TZHC Dodoma1

The appellant formed the intent to steal the entire amount collected when he failed to remit it and began spending it; therefore, theft of the whole sum was established and the sentence under the Minimum Sentences Act was correct.

Citation
19780530 TZHC Dodoma1
Parties
Appellant: Thomas Mhijiu; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 May 1978
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Stealing by Servant, Minimum Sentences, Specified Authority
Source Language
English

Case Brief

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Parties

Thomas Mhijiu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

  1. 1 whether the appellant stole money entrusted to him as a servant
  2. 2 whether the amount stolen was correctly determined
  3. 3 whether the sentence under the Minimum Sentences Act was appropriate

Ratio Decidendi

The appellant formed the intent to steal the entire amount collected when he failed to remit it and began spending it; therefore, theft of the whole sum was established and the sentence under the Minimum Sentences Act was correct.

Court Disposition

appeal dismissed

Orders

  • sentence and conviction affirmed
  • amount stolen corrected to shs. 4,662/50