19791219 TZHC Tabora1
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.
- Citation
- 19791219 TZHC Tabora1
- Parties
- Appellant: William Msholo; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 December 1979
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Corrupt Transaction, Appeal Against Conviction, Obtaining Money by False Pretences
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
William Msholo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the evidence supports the conviction for corrupt transaction under s.3(1)(3)(a) of Act No.16 of 1971
- 2 Whether the facts proved an offence different from the one charged
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
Orders
- conviction quashed
- sentence set aside
Full Case Text
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