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Tanzania Case Law

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Criminal law Criminal Appeal No

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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Criminal law CRIMINAL APPEAL NO

CRIMINAL APPEAL NO

Court
TANZLII

The conviction of the appellant for rape instead of gang rape was improper as rape is not a minor or cognate offence to gang rape under section 300 of the Criminal Procedure Act, and the substitution prejudiced the appellant. Furthermore, the prosecution failed to prove the case beyond reasonable doubt due to insufficient identification evidence and lack of proof of key elements of the offences charged.

Source excerpt

  • Rape
  • Gang rape
  • Armed robbery
  • Conspiracy
  • Identification evidence
  • Minor and cognate offences
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Criminal law juma mussa another vs republic 2007 tzhc 436 5 march 2007

juma mussa another vs republic 2007 tzhc 436 5 march 2007

Court
TZHC

The evidence did not establish robbery with violence as the violence was not shown to be for the purpose of obtaining or retaining stolen property, and there was reasonable doubt as to who stole the money. The facts proved only support a conviction for assault causing actual bodily harm against the first appellant. The second appellant's conviction and sentence are quashed and set aside.

Source excerpt

  • Robbery with violence
  • Assault causing actual bodily harm
  • Substitution of conviction
  • Minor and cognate offences
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Criminal law 20020308 TZHC Bukoba

20020308 TZHC Bukoba

Court
TZHC

The evidence did not establish that violence was used with intent to obtain or retain stolen property, thus not constituting robbery with violence. However, the facts proved that the first appellant assaulted the victim causing actual bodily harm, justifying substitution of conviction to assault occasioning actual bodily harm under section 241 of the Penal Code. The second appellant was not proved to have participated and is acquitted.

Source excerpt

  • Robbery with violence
  • Assault causing actual bodily harm
  • Substitution of conviction
  • Minor and cognate offences
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.