19770128 TZHC Arusha
The court found that the evidence, including the discrepancies in documentation and the testimony of witnesses, satisfactorily proved the appellant's guilt of stealing by clerk, even though the demonstration of guilt could have been more efficient.
Source-derived case information.
- Citation
- 19770128 TZHC Arusha
- Parties
- Appellant: Yusuf Adili; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 January 1977
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Stealing by Clerk, Evidence, Accomplice Liability
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yusuf Adili
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for stealing by clerk was properly established against the appellant
- 2 Whether the evidence, including that of an accomplice, was sufficient to sustain the conviction
Ratio Decidendi
The court found that the evidence, including the discrepancies in documentation and the testimony of witnesses, satisfactorily proved the appellant's guilt of stealing by clerk, even though the demonstration of guilt could have been more efficient.
Court Disposition
appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
(IN TTE DISTRICT ITI'rISTY) AT TANGA TANcrA DISTRICT REGISflY CRIIJINAL APPEAL NO.12 OF 1974 (FROI![ THE DECISION OP TE DILTRICT COURT OF KOROGWE DISTRICT AT KOROGVE IN CRIMINAL CASE NO.593 OP 1973) BEFORE: J. E. C. MLSJdTCHE, Esc1 Resident Magistrate . 9 YtJStJF ADLLT . . . . . . . . . . . . . . . . . . . . . . . . . . t.PPELLL.NT versus THE REPUBLIC •1 • • • • • • • • . . . . . . . . . . . . . RESPONDENT 3IJDGEI.TENT NAKLMEJ J. The appellant was convicted on three counts of Stealing by Clerk for monies ho was found to have stolen when ho was employed as a Shop Assistant by the Tanzania Sisal Corporation at Ngombozi. He was jailed for three years on each count, the sentonocs to run concurrently. The original duplicates the apollant got from the Tanga Region Co-operative Union reflected bigger sums of money and bigger quantities of goods than the duplicates in the possession of the Union as discovered by DONISIAN MUIOKOZI, P..7.1 1 the Estat Accountant once ho suspected that there was something fishy going on in the Estate shop controlled by the apcllant. During the matcrial period the ppollnnt distributed goods to the Corporation's omicr shous witiout proper documentation, obviously so :s to thro; possible investigators off the track. Detective Sorgcaat AILI's tosttaony was to the effect that the Union's records showed no shortages of goods, which they would of course have shovrn had the witness ZILINABU DHL}L.BU issued the goods as shown on the originals, considering that her duplicates reflected smaller quantities. I have no doubt in my flind that the girl Zainabu is herself a crook and i supos. sac was used as a itness, ra-cnor than cmarged nerecia, only for forensic reasons. I respectfully disagree with the learned trial magistrate that she was innocent, Quito apart from the fact that I an not so sure that the Adam. and Ev analogy is apt. Sho was obviously an accomplice but I agree that the case against the appellant was satisfactorily proved, oven though in lay view the demonstration of the appellant's guilt could have boon more efficient. The appeal is disinissod. Arusha Octob0r 28, 1976. (L. Ii. LIi.KJJiE) JUDGE. Delivered in open Couit at Arusha on 28th January 1977. ThThVNTPM.