19770422 TZHC Arusha

rz IN THE HIGH COURT OF TAN.ANIA AT ARUSHA APPELLTL JURLPICTIGN HIGH COURT CIMIiJAL APPEAL NO, 5 OF 1975 ORIGINAL CRII1INAL CA.3E NO0 108 OF 1974 OF THE DISTRICT COURT OF ARUSHA DISTRICT AT ARUSHA Before J.A. Mroso, Esq., ------------ Resident Magistrate LEMOKA LEMASUKANA ------------------------------APPELLANT (Original Accused) versus THE REPUBLIC -----------------------------------RESPONDENT (Original Prosecutor) JU D GM EN T Jonathan, J. The appellant on his own plea of guilty was convicted of cattle theft, c/ss. 268 and 265 of the Penal Code and was sentenced to the minimum term of imprisonment for that offence0 The appellant in his petition claims that he made the confession after he was tortured by the police and that but for such treatment he would not have pleaded guilty. it seems that in the course of the police investigations the appellant made a statement which was essentially a confession that he a1oig with three others he named hd... stoon the 27 head of cattle. it may well be the confession was obtained undar torture as the appellant alleges, but that is not relevant to the subsequent proceedings in court, it not being suggested that the appellant at the time of pleading in-bar was still under torture0 He pleaded in un- equivocal thi. "it is true 1 stole. he 27 head of cattle". The facts were then given by the prosecution at some length to the effect that the appellant in collaboration with the other three accused had stolen the cattle, anduponthe appellant admitting the facts were correct. ç the court proceeded to convict. The appellant's plea was unequivocally one of guilty while 1 am not satisfied that he was under threats when he so pleaded. Accordingly, the appeal is dismissed, P.M. JONATHAN J U 0 G E Delivered In open court this 22n1 day of April, 1977. P . M. JONATHAN, J U D G E PMJ/GKK