19710317 TZHC Mwanza3

1i CcvA7 1 iiij fliufl ,Jur.i AT MWANZA. • APPELLATE JURISDICTION HIGH COURT CRIMINAL APPEAL NO. 675 OF 1970 (ORIGINAL CRIMINAL CASE NO, 579 OF 1970 OF THE DISTRICT COURT OF GEITA DISTRICT AT GEITA BORE C 0H. MSAMATI ESQ,., DISTRICT MAGISTRATE.) MSENYELE MDONGO woo 00000000 00Oaa o ..... 00000aa APPELLANT • (ORIGINAL ACCUSED) versus THE REPUBLIC 0 0 • * o * o . . • . • ..........• • • . . RLSPONDEN'T (oRIGINAL PROSECUTOR)0 cHARGE:— Assault causing actual bodily harm contrary to section 241 of the Penal Code. JUDGMENT. KISANGA, AGOJO The appellant, Msenyele Mdongo, was charged with and convicted of assault causing actual bodily harm contrary to section 241 of the Penal Code and was sentenced to twelve months imprisonment. He now appea1sconviction and sentence. The complainant P.W. 2 testified that on 16.4.70, he and the • appellant, together with many others, were at a pombe shop drinking In the course of drinking, the appellant came and pushed him to the • ground and then struck him on the head for no apparent reason. The complainant was treatedat the hospital and the medical report (Exhibit—A) shows that he sustained a wound measuring *" x " x The complainant's story was fully supported by P.W.3 who was present and eye—witnessed the incident. The appellant, in his un- sworn statement, merely said that he did not know whether or not he attacked the complainant. The learned trial magistrate aobepted the prosecution evidence and convicted the appellant, and it would seem that the evidence of P.W,2 and P.W. 3 was sufficient to establish the case against the appellant and that the appellant's statement was not sufficient to raise any reasonable doubt in the mind of the court. The appellant in his memorandum of appeal raises no points of substance and accordingly his appeal against conviction is dismissed. The sentence of twelve months' imprisonment imposed on the appellant, however, appears to be on the heavy side aspeciafly considering that the appellant was a first offender and the wound he caused on the complainant was only a minor one. The appellant was sent to prison on 14.8.70 and I think that the period he has already spent there would be sufficient punishment for the offence. Accordingly, the prison sentence is reduced such that it would result in the immediate release of the appellant. Delivered in Court at Mwanza on 17.3.197 1 . MWANZA: 1 - Mr. Ntabaye — State Attorney for Republic, / \_/ k • (R.H. KISANGA) Accused: Note Present unpresented. AG, JUDGE.