Tanzania Judgment

TZHC

19710702 TZHC Arusha2

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that the appellant unlawfully entered the premises with intent to steal, and the conviction and sentence were justified under the law.

Court disposition

appeal dismissed

Orders

  • conviction and sentence affirmed

02

Material facts

Parties

Unknown (Appellant)

Appellant

Republic

Respondent

Amounts and remedies

  • Imprisonment Term: 2
  • Corporal Punishment Strokes: 4

03

Procedural history

  1. Posture

    Criminal Appeal / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant challenged the conviction for burglary and the sentence imposed, possibly arguing lack of intent or invitation to the premises.
Respondent
The respondent maintained that the appellant unlawfully entered the premises with intent to steal, supporting the conviction and sentence.

05

Court’s reasoning

  1. 01

    Section 294 of the Penal Code

    Burglary is established when unlawful entry with intent to steal is proven beyond reasonable doubt.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the appellant unlawfully entered the premises with intent to steal, and the conviction and sentence were justified under the law.

Court disposition

appeal dismissed

  • conviction and sentence affirmed

Source and reliance status

TZHC · 2 July 1971

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Judgment text

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Source document

TZHC

Judgment· 2 July 1971

19710702 TZHC Arusha2

MPPPPW J/. 13I( OUftt rZflA J MUfl3A CRIKAL M. 130 U? 197 1 IaXti!L C4114M 3u, 2201 OF 1970 OP !ff1 DISTRICT sotm r TANOA A) ffUCP AT Ti0A i3ef ore No •L— flYfl # Bv-,q j DWM J1CT MAOMMATE Jii/o 1RA11007 !grtAiC 0U10i 3urgry ontrz to 80OU00 294 or the P1 Co10 16 Vo1 I o1 the Laws. - BWJ1L, J - This U v , on eppo1 *gatht ecønvitiott for 1karelary oWtrary to aeotiOn 294 of theeaa1 Cotie and a sentonoe of 2 ypeara imprivonmont nd 4 etroko of orpo1 punictntent. The Cet aaint thepe1int At e that h w found in aroom aota.on In the co 1ainnt hot•ne 3.00 the 23rd July, 197 0 ; the peL1nt gained entry by tke hole tn th r& of the høtie; an nd poople oie and found the øopiir:afl% grdn the the a peUant ineide the haaoej they sav tM opening in the roof. The oAaa ctponded on what fot the trial magiotrate foantia ila helievod the copinnt aM his witnoee. The onlr %ion in iaee was whether the epe11ent had been invited to 1ee in the bote ami the court fonnd ii the negatilvao, the geitoral airaitmutancem were vueh that the court cu1,a reatonab1y find, ai it did, that the arp*Lkant ha'f (fl ifltOfltiOfl to Jta16 Th offence of burgiary wz etbLirhed, I on f1n no merit in the øppeel against cowictiøn and the eute nec is the miuifa4m pDeeoribe by law. v 4e *ppeal io dirnicod in its entirety. !e1ivered An Court at Arusba the gad dLy of Ju1, 1971, (c.L BJBL) ------. - ------ t jam

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Section 294 of the Penal Code

Legislation

Legislation referenced in the available case record.

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