19710702 TZHC Arusha2
- Citation
- 19710702 TZHC Arusha2
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 2 July 1971
- Posture
- Criminal Appeal / Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 2 July 1971
- Posture
- Criminal Appeal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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)
AppellantRepublic
RespondentAmounts and remedies
- Imprisonment Term: 2
- Corporal Punishment Strokes: 4
03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the appellant was guilty of burglary under section 294 of the Penal Code
- 02
Whether the sentence imposed was lawful
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 2 July 1971
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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