19710730 TZCA Dar es Salaam

TE liIGfl COUI1T OF PAWItt AT DAB ES LAJ! lUgh Cow.t Orinai ppa1 10 11 oi' 1971 O2gzx1 Cr1dnI O No 24 of 1 470 of the 14striot Crt of 1,1 hozi District at Vwaa bfOZ P L MObA Esquire j. DtMDit .JA 5JUDI (O±a1 ccused) ver3n$ fThT 4 4 T £tt A4MJ RUEMPORM (Oi Px,osecutor) eng iz POSSet3ion of bousebreaUng instTuwats, by liigfit ooatary to zeati. 28 (EL) of the ena1 Capt 16 Qt the Laws. 33ITh J4. - The ppei1mt Lti of being, ,n iafu1poasessim of howebre&U61 trits by aud be vas, s tence. to p1soant for tiwee He 10 novi appealing, • 1tvidene wa 31v2 by J&sa 1bon, iho is, In cture of and 11ves. I a Govevnrnt bowie n Vu &Lo t1?eUt, to t, :ft that In the eari irnixg of the iJ3th of Poveifeer, et. about 3 on heathg his dog *1r be. t outside to iwctiate but tWl not aythng unitoward About an how 1ater at 4 a,., his dog gtin b'd I and this tUO when hi vi nt out be aa s Mn in front of h1i. On his aw, Ienin' tht the x stxtec rrg He gave ok wid evntuy cwgbt up sith UM Ip when the an who £t raipire s the appe1nt, had c aainat a ditch wh1cb he coUld nt croL The wttms., who ms azed with a stick, was .O1d by hUl vUe Who was a lso armeid, with ft an the appeU ant begged them xtot t heat hia They j]rJ them that ¶txidua when paxat1y be had 1øt his way. The . ppeUnt had a batt vthrin there was a 1ri11 a oreriver and a ohiel The appeUnt was taken io th police station hre he tione by the p1àe off ieer In, ohrge iiha not being tisfied ith 14s, 2 . 1n out't the sppelint clacated to give. on th nzid tted thnt bc had be orkrg in Zmbi from 1959, en it tmz part of ho1esb going hose at fit dis to Tftbora c that bP, was by ipation a carpntor and that *flt t ling ftoiit Mbta be lmd been robbed of P.11 his iggge, inolii hs o ?ntrr tools wtIi the emeption of those fom. 'in his posxessjon, as vcll a 2,00/ in cai ie had be 1ve Ift by a, lorry driver as Thr as Tunduna W1Ier he rrtv'ed tt pm. ie bd no !1OUY nd being hle to obtain any ±rther lift, ie decided to go to his brother hone. t ke Ruk7a e ift the airA d order to tke a short out. aM whefl he was pang near the rest house, on tho dog bakina the rct house coepr out. nd apprc1urndd h1m There s ovdence 'extmot in croirit1on that the a p 1 polimt wts a stranger to Twa.. It is thororo urc than od that he soild leave the iian road and se6k a thort path throigh the bush at ucb hO1D of the nights Frther, lllms& Lthozn testified that the refl house ll ofi the batCn trok and thcr wa ot oven a. path leading to A. In l the fru tncc, after orretiy dirnecting he1 f that the itpicments fomd in the px1lant' s :Pe 1ofl iere husebrOa1Rg ti1eients and that the onus lay C .h1 to D)C lawful poSosLtQfl thgh the bm'xi - th recet lof vhich the w. gistrt mt 1te 00 tretly directed. hiTself - no hher than on the binoe of pr3babiiittes the ragritrato tonyletod h1 Iithotgh a' the msgitrato ta not itogether corret in hi direetion on the taridaDd 4 DOO1? .pstulated frOm the mvise.d then the bzrdo1i .thfft th h1m t being eresy laid &vin In section ,fl4 (i) f the T1 videne 1ct3 1JV that 1 'then a person is ace rum-ed of ary Off mM f the burden of prng the of ci iistanoes bringing the ease itP1n 0--y' exception or cxept ion fro or qualificalon to the opera:tiOn of the iai cretttn the offence dth 'Mth hc is thied and the barden of prov$ng jaW fict capeeisllr• iitth the knowledge of nch person i upon htti 10 Provided that sich burdcn rhall be deee?i to be d1wbargred if the coit is satAsfied bly evidence given by the proseoution vhether.n. ssean'thation or othcr,1co that mach circumstances or facts ezist: 5. Providet further that the peron accused shall be entitled to be acquitted of the offence pith which he is charged if the court it satisfied that the evidence given by either the prosecution or the defence creates a reasgntble doubt as to thC guilt of the accused person in respect of that offenoc ., the evidenco es a whole to vs mind loaves no reasonable doubt as to the appllafltrs gailt The conviction is thm fully supported and jnstiflcd by the evidence Nor in his petitioa of appeal &ieS the ppcllant raise any new ground of defence or of compiant With regard to the sentence, it is certainly Eevere but the appellont admitted to about a dozen previous convictions, including at Icast three for housebreaking end, stcling and, for good, re&suro, two for beirg in possetsion of housebreaking instruments by night, whinb record the nagitrte described as "a string of nasty previous records" 4 The sentence, althoigh, an remarked, ve7 severe, is by no imans exeessive ., and no court would be justificd in inttrfer2.ng with A. The appeal is nccord2xgly dismissed and the sentence whteh recjuires cozifirriation by this Court, is hereby eonfirnd4 flelvored in Court at Dares Salan this 501.h &y of July, 19?1 (Sgd.) PHILIP BIROL. JUDGL