19770206 TZHC Arusha

0 INTFiE HIGH COURT OF TANZAI'I.IA AT ARUSHA APPELLATE JURISDICTION HIGH COURT CRIMINAL APPEAL No.171 OF 1976 ORIGINAL CRIMINAL CASE No.44 OF 1975 OF THE DISTRICT COURT OF MOSHI DISTRICT AT MOSHI. BEFORE W.NATH'A,Esqs DM. KariaMakonge 0,"00000..".o.,.00".... Appellari. Original 5 Respotdent). versus T1{EREPUBLIC . ...•.... Respondent, original Prosecutor )o JUDGEMENT MNZAVAS J: The appellant, KariaMakorige was charged with and convicted of burglary and assault causing grevious harm c/ss 294 (I) and 241 of the Penal Code, and sentenced to 7 years imprisonment on the charge of burglary and 3 years on the count of assault. The sentences were made to run concurrently. 0 He has no quarrel with the convictions but he is appeallirig %gainst the sentences. As rightly submited by the learned State Atorney the off ences of burglary and assault causing grevious harm are ser&pus offences. The evidence showed that after the appellant' had buried the house he attempted to rape the complainant, (P.W.2), and staped her in the shoulder in order to overcome her resistance0 ( Indeed the complainant was extremely lucky that she was saved from accused's lust by her neighbours who ariswered her alarm and came to her rescue 0 Appelltht's acts were clearly savage and accused called for a severe sentence. Worse still the appellant admitted previous convictions of stealing, house-breaking and store -breaking. The sentence of 7 years imprisonment for the offence of burglary cinnot, taking into account appellant's nasty record, be said to be a day too long. As for the sentence of three years imprisonment for the offence of assault causing grivious harm he is extremely lucky that he was so leniently treated The sentence of 7 years imprisonment is hereby onfirrned. The appeal against the sentences imposed has no merit at all& I agree with the Republic submission that it should be dismissed and i so order. NSM/Lrm. N..N2A\1.AS '5 ( J01XE) ARTJSHA: 6/2/77 p S