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The High Court partly allowed a criminal appeal, quashing forgery convictions for defective charges but upholding convictions on stealing, uttering, obtaining by false pretences, and attempts.
Court of Appeal held that the 8-year sentence for obtaining by false pretences was illegal because Section 302 capped the penalty at 7 years.
The Court of Appeal upheld convictions arising from a forged cheque, finding the only reasonable inference was that the appellants forged it or approved the forgery.
The High Court partly allowed a criminal appeal over forged muster rolls, upholding one conviction but setting aside Joseph Mkoma’s conviction for lack of proof.
The High Court upheld Sanweli Dlikana’s conviction for fraud-related offences but set aside Joseph Mkoma’s conviction, ordering his release unless lawfully held.
The prosecution failed to prove beyond reasonable doubt that the appellant committed forgery, uttering, or obtained money by false pretences, as the evidence did not exclude the possibility of a third party (the receptionist) forging the receipts, and material witnesses were not called. The trial court misdirected itself in its reasoning and in failing to ensure proper cross-examination. Consequently, all convictions and sentences could not be sustained.
Source excerpt
The High Court upheld convictions for making and uttering a false document and attempting to obtain goods by false pretences, relying on handwriting and circumstantial evidence.
Criminal appeal over fraud, forgery, conspiracy, and false pretences. The High Court upheld the conviction, finding the appellant implicated in the scheme.
The Court of Appeal dismissed a criminal appeal against convictions for forgery, uttering, and attempting to obtain money by false pretences.
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