19791219 TZHC Tabora 1

19791219 TZHC Tabora 1

The appellant's admission to breaking into the Kijiji Store and stealing fertilizer, combined with the lack of any claim of ownership or evidence of alternative ownership, established the offence of store breaking. The plea was unequivocal and the conviction was proper.

Citation
19791219 TZHC Tabora 1
Parties
Appellant: UDSSEIN KAVALBAI; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 December 1979
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Store Breaking, Plea of Guilty, Ownership of Stolen Property, Conviction on Plea
Source Language
English
Criminal Law Store Breaking Plea of Guilty Ownership of Stolen Property Conviction on Plea

Case Brief

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Parties

UDSSEIN KAVALBAI

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the facts admitted by the appellant constituted the offence of store breaking as charged
  2. 2 Whether the conviction based on the plea of guilty was proper given the facts
  3. 3 Whether the ownership of the stolen fertilizer was sufficiently established

Ratio Decidendi

The appellant's admission to breaking into the Kijiji Store and stealing fertilizer, combined with the lack of any claim of ownership or evidence of alternative ownership, established the offence of store breaking. The plea was unequivocal and the conviction was proper.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • sentence to be reconsidered regarding minimums