N
- Citation
- N
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 1 January 1977
- Posture
- Criminal Appeal / Appellate
- Language
- English
More details
- Court
- TZHC
- Decision
- 1 January 1977
- Posture
- Criminal Appeal / Appellate
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The conviction for burglary could not stand as the offence was committed before dark, but the evidence supported a conviction for stealing. The appellant's possession of recently stolen property and his confession established his guilt.
Court disposition
Appeal dismissed except for substitution of conviction; burglary conviction substituted with conviction for stealing.
Orders
- Conviction for burglary substituted with conviction for stealing
- Appeal otherwise dismissed
02
Material facts
Parties
The Republic
ProsecutionVJ c::;o '':,R (Appellant)
DefendantAmounts and remedies
- Sentence (years Imprisonment): 3
- Value of Bicycle Wheel Sold (shillings): KES 40
03
Procedural history
Posture
Criminal Appeal / Appellate
04
Questions and positions
Legal issues
- 01
Whether the conviction for burglary and stealing was proper based on the evidence
- 02
Whether the conviction for burglary could stand given the timing of the offence
Party arguments
- Applicant
- The appellant denied the charges, claimed a disagreement with the complainant over an allegation regarding the complainant's sister, and alleged that the stolen items were planted on him after his arrest. He denied selling the bicycle wheel to PW2.
- Respondent
- The prosecution argued that the appellant confessed to the offence, led police to the stolen items, and that the items were properly identified as the complainant's property. The short time interval between the theft and the appellant's possession of the items pointed to his guilt.
05
Court’s reasoning
Legal principles
- 01
Common law principle
Possession of recently stolen property raises a presumption of guilt unless satisfactorily explained.
- 02
Penal Code, Section 294(1)
Burglary requires proof that the offence was committed at night.
06
Ratio, limits and disposition
Ratio decidendi
The conviction for burglary could not stand as the offence was committed before dark, but the evidence supported a conviction for stealing. The appellant's possession of recently stolen property and his confession established his guilt.
Obiter and limits
- The appellant's afterthought regarding the complainant's motive was not credible as it was not raised earlier.
- The evidence of the appellant's witnesses was weak as they were not present when the stolen items were found.
Court disposition
Appeal dismissed except for substitution of conviction; burglary conviction substituted with conviction for stealing.
- Conviction for burglary substituted with conviction for stealing
- Appeal otherwise dismissed
Source and reliance status
TZHC · 1 January 1977
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· 1 January 1977
IN TErn HIGH CCURT OF TLI:1ZJ.NIA AT .:Jl ::JOM!i.. : . AP2DL::-,'~T:G JURISDICTION CRIMINAL AJ?I' .:il.L NO .182 OF 1977 ORIGDJAL CilILLLL C1;.JE NO. 280 OF 1.976 ThG Republic versus I ,.,. VJ c::;o "':,R ijL:. .1. ~ d •. ~rr· 1' uil\.,.'1.. Ch2.rce Burclary ~n~ Stealing c/ss 294 (1) and 265 of the Ponal Code. P .M. JOi\Tl,.THfl.N 2 J Tho appellant uas convicted of bur:::;lary ?.nd Gtealinc ti.net c'iven f:'. substantive. scmt:Jnco of thre._, (3) Jf~!l.rs' iPprisonm.cnt. J:..u:tins". th::.1 convictic•n he hr!.S a1)pea1·ec1. ·Lccorclinc · to PU .1 tliG c<:Tlpl ".'.inan:t he lockecI up his hcuse rm'.J left but ~rhen he c:::,nq b ~.ck at about 5 .30 · p.m. he found it hF.'.virtr; be~ '.n br lrnn into 2:.nd 2. nunber of 'thj_ngs . : nissine;, including his bicycle, ·2. jacrket and various i t_e:os of clothinc;.. One non th 12.t .:-r c.ctinc on a tip-off accoEl1Janied by PW.3 a.ml P.H.4 they c::::nfronted the appe- llant vrl1ereupon he appesrs to h~vc confessed to the offence. He offered to take then tc- ·-i:;ho lli{:.e-out provided however PW .4, an e.ske..ri who hr:.:·. in. th 0: ·neantiiae j ci110d tho see.rch party, clit: not~ .go·· i1i th·,_t~c~~i:. Tl1e off or seens to he.vo be:on accepted s.n~1 on tho next ~:ay tho c,i)p·cllo.nt tt:,ok · thm.1 to ;:~ cave ,). f ,;m p2,c,.:s be:hincl his hems:.;, frcn uhG:i:'8 ho brcm.cht fr.:-rth a jc.ckot ~'.J.1c~ ·:;wo otht1r it:or:1.s of
clothinc which the cr:,;·1:)lo,inant iclontifiGd to be: arYmc tho stolen thi~1.cs. J~ li ttlo l::.tor thGy hr:-/. cor::c e.cror.-;s PW. 2 h;-~_vinc a bicycle fi tt:::t: with c~ uh·. ,:;l uJ:..ich transi1ir0cl to bu th.::;.t o:f thG s·:~olcn bicyclo. Tho cxplan.?.tion of PW. 2 then ancl. l::.tor in l:.is ovi,1.enc:.; w-o.s th'.?. t hu h,,.-.: lY,en sole: th:-·.t whoGl by tho ap:K,llant for shs •. 40/- only 2.. c7..o.,y after the The :-i.j)p1:d.1.a.nt in his ovic7..once clc~ined that, there': had ber-:m s0rne clisac;reenent between hin ~1nd the co11plainant following an allec;ation by the 12.tter, but c.enied by the appellant, tha:t he had r:10.c~e the la ttGr' s sist8r prec;nant and tho.. t, the conpl8inant 112.,:. vm-rncl to avenge. . That vJ2,s nn after-thouc;ht fcrj ::1.t no st<.:.,e earlier on hac7.. the appellant iritiIJ2. ted such incLLent. He then went on to so.y .. /2 that nfter he vif:1.S 2.rrested an( tiec:_ up the dar:miTI.L,; i tens were pL:;;,ntGcl on hiI:1. He. c2.1lecl -tuo witnesses to bear this out. 11'he r:j_st cf ·t11.,.dr ';;Viclencc ·wE;,-;;:; houev(;r thr:1.t they hfld rn,t b. en 1:)r_ eE,<nt nhen tly,,::p ·c·hi''l:·a0 . uer_o, f,-c'°i,md 8.nd ........ .L ·- ' - .., ..., -·~ l.~ they hcJ.,·: : only le,t,3r coce c•n. t>.e scen0 to· firi_.C: ths 2:.:;)1Y:1ll2:.nt hr:.vinc b cen. o.rres-:~c:!d nm.1. h2i1c;cuf r ,3t1. c,.ncl t;;_10130 thincs 1)res;;mt. As
regards the bic-ycle 11heel· l1e denied ever sellLy, it to PU,2. I an so.ti_sfied the tri2.l court on tho ovic"i.enc·s b·e f ,_, G· 1·-·-1.., 1"r·.,s Gn'"GJ.Gen ~r •J·1, Gv r :')J'.·: · c'\: ·c.no ,, c,,o f G,nc·,u •~,,,a··'·· J~ ,u CL•., 1 fl. nc1 L -1,· 1,·'I___- ··: .. , .'.t-' ,., - l:::in-'-1 ;·•.'·'•cs] <.,., J ~-ar:i. \1. ··" :,-,,,,;,1/ .,_ ,_ \...,_ . - 1· __1-'i.,,. •. ..,,-··. c·•r.' ···ssi· on : ,_ ,_·,.J-,,,. r,f -.. ~-:ho l ... 7 ",thos C __ , arn:7. tho bicycle 1x-~rt. Th:2so h,?.vj_n(~ b·:en prc1parly id.ontif;i..ec1 to be Urn cr:,r11iJ.aino,nt' s propJrty .:e.nc: th0 tir~o intorv2.l · ' . boti:-reen . the . ... possession theft c:i.n'.:'.. th?J 2. -pelL::i.nt' s -:,-_. : . bcinr;- . that . slwrt, 'the; Gnly cnnclusion to clraw ilO,S thi?.t ,the ::r;,,p0ll2.nt. was in f~ct the psrpotrator of t~ose offenc8s. ~sit· ' would J1,.cuever nppe2r · they 1.,,0:'.'o c crD:1ittoc1 bof c,re d2,rk, the . . . .~· \ c9n-yi,cti'on of bur{?;L::-:.ry cam1ot :=:-;t,,.nc:t. _There .ts acccrdine;ly su),)stituted c1. conviction In ·che result, s2,ve for such $Uhstitution,, tho appeal is disniss3d in its entirety. P .Ivl. JONLTHl.l'J JUl!G:C •
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