19700812 TZHC Dar es salaam4

Judgment or Order on Appeal (s. 320) Criminal Form No. 33 (Approved by the High Court under Section 352 of the Criminal Procedure Code), Summary rejection (s. 317) IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM APPELLATE JURISDICTION CRIMtNAL APPEAL No ......... .OF 1970. Original Criminal Case No ......... .................................. of 19 the District Court of .. District at before... -. senior ......... EscçReittrst Magistrate/District Magistrate. Appellant (Original Accused) versus THEREPUBLIC............................................................................................. Respondent (Original Prosecutor) CHARGE: 1st count; 1sfau1t causing £ctual Aoi1y haz. nd counts Miicious dame to proDerty contrary to ectionfl 241, (2) 5 26 Ctp, le of the Penal Code, JUDGMENT/ORDER I, .G. J. • in the district court of Dar es Salaam Lawrent 14batina was onvioted of asau1t contrary to sectIon 241 and malicious damage contrary to seQtion 326 or the Penal Code. He was alleged to have unlawtully a1 grtuitous1y attacked one )ry Augustino with whom he had chabited in the past, and xnlicieuly dam&god her prorty. Ie got a conditional discharge and was ordtr&t to pay s..37/— as compensation, of which s.lbO/— was ordered to be paid at once. U P Din 15134110-67/2m 04 0 6 a • / 2 '4 During the hearing of the appeal the appellant alleged that, among other things when the case was going on in the subordinate court the trial magistrate intimately associated with the complainant. Administrative enquiries have failed to disprove the appellant's allegation and it would appear that on the part of the trial magistrate there was a untiappy slip from accepted judicial behavious. While justice might not necessarily have been compromised, it was perhaps not seen to have been done. For that reason I do not propose to go into the other grounds of appeal. The circumstances. compel me to allow this appeal in its entirety. Consequently I quash the convictions and set aside the sentence. The SFs.397/- or any part thereof, if pi.d., must be returxed to the appeilant. A Delivered. in Court at liar es Saiam this 12th day of August, 1970. (LJvl.. MAKA}:) AOTING JUDGE. I