197205na TZHC Dar es salaam

IN T HE U11GH OOURT W TAKUNIA AL DM VS S4TJMN L~- rL1âT JuRwmc1IoN liZ GiL COUhT GPI KI NA L PPiL NO. 628 OP 1971 O1QZIAL CRI M INAL CS NO. 217 OP 1971 (or tilt mtict Gout ofrare Dizict b at Dar ec SA1enn Before V.S. Lonta, Esq., Di s t riot Z4aietate). $MWi 8/0 flOz ....,........ .(OriaI Accucø4) versus TiM RPUB1C ,...,.....,..,....,.. , ...', o -, ....s ,-..s , . (oigina1 ProeeciOZ).. iO. J. arnwo1 11oza o the ap po llant in this oae iaa coniiotcd of attwn$ed ata1$.ng of a motoit vehicle tyre cont rary to eotione 380 and 269(c) of the Penal Code. 1e VaC sentenced to te1ve month& impzliaonrnento Thi s appeal i eadnittéd by my bothez jdo pej on the uesfto of cuténe, it beit felt that ai thefta of motoi vehicle toa tiorn vchioleO pâr1ed at the Naomeni Police Station tiozo F O pevaent, a more detezrent sent e nce pi ght be called for in this cae The evidenoe othe pr osecution was to the effect that on the night of 7th Jaxury, 1971 one Selomani (itwona Itondo pariced hie motor vhic1e rtzt i s tratioa 1oa. PD 7101 wztiun the €ounde of the aoueni Police Station. It is apparently the proctice of mar residents of this netropolia who do not feel it accare to leave their motor vehicles in their own garages at rnght, to take their vehi1e and loave them at the Police Station for the ni.ht. It may Izowever be observed that many of these residents have been geat1ydiaappointed by the rea1aoton that a police Stdtion no riattcr how safe for other purposes 3.5 not that safe from a prow1.ng and del1eziained thaf. It is a11eed that the appellant was such a thief who on the material night attempted to ste1 one of the tyree from Mr , Kitwane Kondo'e vehiolO by unaorewxig the iute therofrom. Why he did not accomplish bia mission is not ezaetly known raithermore it is not known when the discovery that aore one had attempted to steal one of the tyros of the Vehicle in qtetion was made, e are, howevcr told thdt on the some day of 7th January., 1971 the Pollee set out to investigate the ase and as if by come stroke of ltzck, wore able to find. one finger- print impression on one of the mudgoa4a of the car. When photogrAphs of this fieri.prnt were compared with some of the tingorprint3 2fl the records of the opartment of Identification 1amau, it was fow4 that they mtcncd tgtb these of the accused, The aoouaed was consequently arrested and charged with the offence of attempted etea1in, The accused did not put up any spirited defence and contented himself with saying that no was surprised when the prosecutor who had brought kim from 1eko Iomari. Prison read over the charge to him* ffe strenuously , denis4 commi tting the offence It in often said that finger-prints never toll A lie. X think the truth of this saying has been ttniveraally confiriped to the treat norro* of many a sneaki thief. In the ins taut case, accused has not explained or attempted to elan how his flnger.print could have got on the mudguard of a Veh.iole4lparked at the flagoweni Police Station at night. There being no dePonca to the charge I do not tuink the learned Ditriot liagiatrato was left in any doubt as to the guilt of the acoused, I can find nothing on record to indicate that the flgietrate could have been wrong or mietakn in his decisiono ApPellant o G grounds Of appeal arc accordingly rejected and hiø appeal against convictioris reject04. - - I. qW - - 2- ke aa4y atatea earlier on in this judgement this appen4 Was admitted -primarily with a view to inhanoin3-cntonc* bat I Mv e been convincingly d-iaaaacd from this view by the 1orned $tate Attorney, Mr., 4ada0 ittempted stooling ie merely a miderncAflOtzD I pu,uthable on oonviction with a maz.nn.m aentence of two yecs flie 4ccuned in this oase ha epent neArly soven atrenuouc montne in remand preon Wove being SaUtencecl to twelve rwnth' imprisonment for the commienjon of the fence. The acoaed ha altothe' spent at Much in prison a he old havó done if he had boon sentenced to the mxinum eentence presorlbad for tho offonce n the circumetances X do not think it oulcL be right to unpose any more sentence on !im. As the prisoner he alrcidy oompeted tho term of imprisonaent i4osed in this case it is UvacUd that he be val eazed from p2ion with the least of delay unlees he i 1af.uly held therein for some other cauee, Delivered in Cort this day of RAT, 1972# iwtt