Meck Malegesi and Mazura Ndaro Applients Vs The Republic Respondent Criminal Appeal No. 128 of 2011
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Date
2013
Authors
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Publisher
High Court of Appeal Mwanza - Tanzania
Abstract
The appellants, Meck Malegesi and Mazura Ndarowere in the District Court of Bunda charged with the offence of stealing by agent contrary to section 273(b) of the Penal Code, Cap. 16. This section states: 273. If the thing stolen is any of the fo/owing things/ that is to say:(a)... (b) property which has been entrusted to the offender either alone or jointly with any other person for him to 1 retain in safe custody or to apply, payor deliver it or any part of it or any of its proceeds for any purpose or to any person; the whole or part of the proceeds arising from any disposal of any property which has been received by the offender by virtue of a power of attorney for the disposal such power of attorney having been received by the offender with a direction that the proceeds should be
applied to any purpose or paid to any person specified in the direction, the offender is liable to imprisonment for ten years.
Description
Appeal from the decision of the High Court of Tanzania at Mwanza Criminal Appeal No. 128 of 2011
Keywords
Criminal Law—Stealing by Agent, Public Servants—Proof of Theft and Intent to Permanently Deprive, Benefit of Doubt, Appeal Allowed, Convictions Quashed, Sentences and Compensation Orders Set Aside