19710602 TZCA Dar es Salaam

IN THE flIGR COUflT OP MIIZANIA

AT DAR ES SATAAI Criminal Appeal No 200 of 1971 • Original Criminal Case No. '469 of 1970 of the Ditriot Court of Liridi District at Lincli .. . Beforet C. G. Ntenga, B8q., Resident Magistrate •BAsEIDx.Apn!mAI APPELLA1T • versus . •'• . TRE REPUBLIC I. ,• •••• ••• .. . . . . ........ ... .. . . . . . BESPOIWENT CRARGs Assault causing actual bodily harm c/e 241 of the Penal Code. JtTDGMTNT PATL AG.

3. The appellant was convicted of a3sai1 -t causing bodily harm and was sentenced. to' two yesrat thprisotimont by the Resident Xagistrate Lindis He is now appealing against the qon viotion, The appeal was admitted beoaue the sentence appeared to be excessive. . . 'The learned State Attorney submitted that the guilt of the appellant was proved conclusively ori the strength of the evidence adduced before the trial court. Pbore were eye witnesses to the incident who gave evidence in court. The learned State Attorney farther submitted that there is nothing which would make this Court allow the appeal* But oonoaded that the sentence of two years' imprisonment imposed on the appellant for this offence is very high, particularly when the appellant is a first offender. Considering the evidence on record I find that there was more than ample evidence before the trial court yhich proved conclusively the guilt of the appellant. The case was tried with • extreme care by the trial magistrate and there is nothig in the 'evidence or in the memorandum, of appeal which will make me reverse the finding of the trial magistrate. Accordingly I dismiss the % appeal against contiotion in its entirety. ' ' '• • ' ' As for the sentence of two years' imprisonment, it dOes indeed.. appear to be manifestly excessive. The Polico Porm 3 which was produced before the trial court is on record. and it

narrs'ces • • in detail the injuries reoeved by the comp1ainsnt. The injuries • • were more ly.bleed.ing of the nose as a reai1t of the blow the •• ' complainant received when he was hit by the appellant. This • • injury and the sentence' of two years' imprisonment are incompatible •• • and the sentence of twoyears' imprisonment is completely out • ' of proportion to the injuries izifliotqd. . Moreover, . the • Las • learned State Attorney submitted thatithe appellant is a first • •• offender and ig a yowg person his .entenoe of two years' • •, ' • imprisonment is indeed, excessive. I agree with the submission,of the 'learned State Attorney. I reduce it to nine monthe' imprisonment. • • • • = Delivered in Court. at Dares Salsam this 2nd day of • • June, 1971. • . • '•• (a. B. PATEL) AG. 3E1D02.