Tanzania Case Law

Criminal Appeal No

Court

TANZLII

The prosecution failed to prove the existence of an agency relationship, which is essential for the offence of stealing by agent under section 273(b) of the Penal Code. However, the evidence established all elements of theft and demonstrated that the appellant obtained the goods by false pretence with intent to defraud, supporting a conviction for the minor and cognate offence of obtaining goods by false pretence under section 302 of the Penal Code.

Source excerpt

• Stealing by agent
• Obtaining goods by false pretence
• Elements of theft
• Agency relationship
• Minor and cognate offences
• Substitution of charges

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KELVIN BWIRE 0001

Court

TANZLII

The appeal was dismissed because the prosecution failed to prove all essential elements of theft, particularly asportation and ill motive (mens rea), as the solar system was merely moved within the same house and remained in the possession of the parties. The concurrent findings of fact by the lower courts were not shown to be erroneous or based on misdirection. The expunging of exhibits without hearing parties was an error but did not affect the outcome as the exhibits were not material to the missing elements of the offence.

Source excerpt

• Theft
• Elements of theft
• Prima facie case
• Admissibility of evidence
• Natural justice
• Matrimonial property

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JUDGMENT OF MICHAEL KABANGE final

Court

TANZLII

The charge was defective for failing to cite section 258(1) of the Penal Code and for not establishing the appellant's status as an agent, thus the conviction and sentence could not stand.

Source excerpt

• Defective charge
• Stealing by agent
• Elements of theft
• Criminal procedure

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nelson jamily vs adeline odassi others 2016 tzhc 2317 15 march 2016

Court

TZHC

Second appeal in a cattle theft case dismissed after the court held the offence was not proved beyond reasonable doubt.

• Cattle theft
• Burden of proof
• Compensation
• Elements of theft
• Criminal-law
• Theft

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19770810 TZHC Dodoma1 1

Court

TZHC

The High Court quashed a conviction for stealing by servant, holding that the money was initially taken lawfully, with consent and no proven fraudulent intent.

• Stealing by servant
• Elements of theft
• Lawful possession
• Fraudulent intent
• Criminal-law
• Theft

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N

Court

TZHC

The conviction was unsafe because the appellant's plea was equivocal and the prosecution failed to establish all elements of theft by finding, including knowledge or belief regarding the owner and conversion of the property.

Source excerpt

• Theft by finding
• Equivocal plea
• Elements of theft
• Criminal procedure

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