19791219 TZHC Tabora1
- Citation
- 19791219 TZHC Tabora1
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 19 December 1979
- Posture
- Criminal Appeal / Judgment on Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 19 December 1979
- Posture
- Criminal Appeal / Judgment on Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The evidence did not support the charge of corrupt transaction as stated in the particulars; the facts may have proved obtaining money by false pretences, but the court cannot substitute that conviction. The conviction and sentence are quashed.
Court disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
- appellant to be set at liberty unless otherwise lawfully held
02
Material facts
Parties
William Msholo
AppellantThe Republic
Respondent Counsel: Mr. MassabaAmounts and remedies
- Amount Solicited: TZS 600
- Amount Paid: TZS 720
- Sentence (months): 36
03
Procedural history
Posture
Criminal Appeal / Judgment on Appeal
04
Questions and positions
Legal issues
- 01
Whether the evidence supports the conviction for corrupt transaction under s.3(1)(3)(a) of Act No.16 of 1971
- 02
Whether the facts proved an offence different from the one charged
Party arguments
- Applicant
- The appellant argued that the evidence did not support the particulars of the charge for corrupt transaction.
- Respondent
- The respondent maintained the conviction and sentence were proper based on the evidence.
05
Court’s reasoning
Legal principles
- 01
General criminal law principle
A conviction must be supported by evidence that proves the offence charged in the particulars.
- 02
General criminal procedure
A court cannot substitute a conviction for an offence not charged unless the law so permits.
06
Ratio, limits and disposition
Ratio decidendi
The evidence did not support the charge of corrupt transaction as stated in the particulars; the facts may have proved obtaining money by false pretences, but the court cannot substitute that conviction. The conviction and sentence are quashed.
Court disposition
appeal allowed
- conviction quashed
- sentence set aside
- appellant to be set at liberty unless otherwise lawfully held
Source and reliance status
TZHC · 19 December 1979
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· 19 December 1979
IN THE HIGH COURT OF TA1ZANIA
AT TABORA
APPEMLATE JURISDICTION HIGH COURT CRIMINAL APPEAL NO.15/79 ( -. '• ORIGINAL CRPIffNAL CASE N6.99 OF 1978 OP THE>.,
DISTRICT COURT OP BARIADI DISTRICT AT BARLADI Before RwejunaEsq., District Magistrate. \ ILLIAMMSHOLO. ...................... APPELLANT
VERSUS THE REPUBLI C . . . . . . , . . . . . . . . , . . . . . . . R.ESPOTDENT CHARGE: Corrupt trAnsaction c/s 3(1)(3)(a) of Att.No.16 of 1971
J U D G M E N T MtJSHI, J. The appellant, WILLIAM MSHOLO, was charged with the offence of Corrupt transaction c/s 3(1)(3)(a) of Act No.16 of 1971 and was sentenced to 3 years imprisonment after being convicted of the same. He is appealing against the conviction and sentence. According to the particulars in the charge sheet it is stated that the accused corruptly solicited Shs.6001- from Chalya slo Lini as an inducement to issue Chalya s/o Lini a business licence. However the facts or evidence given by the complainant - ha1ya do not seem to support the particulars of the charge. This Chalya stated and I quote:- 'On 22/7/78 at about 10.00 I arrived at Bariadi. District Intenial Revenue Office. I had gone there to get business licence. Outside the office I met the accused As I had a form from the District Development Director's office authorising me to get the business licence he called me me Thereupon I neared him. I handed that form to him. When he asked me whether I had a sewing machine I replied in the negative. He further asked me if I owned cattle. I replied in the affirmative. Thereupon he invited mc in his office. I obliged. In there he asked me for Shs.720/- being income tax and a fee for a business licence. He added that if I went to Shinyanga I would pay Shs.2,000/- being business licence fee and income tax. I paid him the money - Shs.720/-.. He then issued me exhibit
P.1. On receiving exhibit P.1 it reflected Shs.120/- only. On asking him what has happened to the Shs.600/- he had this to say: "Wewe mzee nenda ukafanye biashara yako maneno yamekwisha." I moe out and decided to go to the Police Station. From thi s eviden,Jie to issue a business licence but as income taxandiencefue The appellant took the money .-------...--- ...-pretending --.-.-. ...-- that it was for income tax. The facts did prove an offence of obtaining money by false preences. Unfortunately this court cannot substitute.conviction -2 for that offence. This apa1 therefore succeeds. The convi.ction is qu2.ed and entnco st i'de. The appellant must be set at liberty unless otherwise lawfully held. N. M. MtJSHI, - UUJtJ.L. 19/12/79 Corain: N. M. Iviushi, J. Appel1ant thsent Mr. Massaba - tate Attorney. Judgment read in Oha1nber8. N. M. SHI, JUDGE. 19/12/79
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