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Tanzania decisions
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The omission of the allegation of intent to defraud in the particulars of the offence rendered the charge fatally defective, making it unsafe to sustain the conviction.
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The High Court upheld convictions for forgery, obtaining by false pretences, and personation, but quashed the conspiracy to defraud count for lack of support.
Criminal appeal against convictions for stealing by public servant, forgery, uttering a false document, and obtaining by false pretences was dismissed.
The High Court of Tanzania dismissed a criminal appeal, upholding a conviction for obtaining by false pretences and confirming a three-year prison sentence.
The High Court quashed Kamidia Jumapili’s conviction for uttering a false document and obtaining by false pretences, finding no proof of the alleged forged cheque.
In the Kilombero case, the conviction for obtaining by false pretences under section 302 of the Penal Code was upheld as the evidence established that the appellant falsely represented having delivered stationery, obtained payment, and then disappeared without delivery. In the Kilosa case, the conviction under section 302 was set aside as the essential ingredients of the offence were not established; instead, the facts supported a conviction under section 305(1) of the Penal Code for incurring a debt by fraud, as the appellant obtained payment by cheque without delivering the goods and with f…
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The High Court dismissed a criminal appeal over a gravel-supply fraud, upheld findings of conspiracy and related offences, and increased two illegal sentences to five years each.
The essential element of intent to defraud was not established. The appellants acted with the belief they were pursuing legitimate party business with the support of the branch membership, and the irregularities in procedure did not amount to criminal fraud or obtaining by false pretences.
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The conviction was upheld as the identification evidence was sufficient and the appellant's alibi was not credible. However, the sentence exceeded the statutory maximum and was reduced to two and a half years.
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Conviction upheld based on credible identification evidence; sentence reduced as original sentence exceeded statutory maximum and only one prior conviction was proved.
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