19790727 TZHC Dar es Salaam

IN THE HIGH COURT OF TANZANIA 1, AT DAR ES SALAAM APPELLATE JURISDICTION HIGH COURT CRIMINAL APPEAL NO.108 OF 1979 ORIGINAL CRIMINAL CASE NO. 64 OF 1978 OF THE DISTRICT COURT OF BAGANOYO DISTRICT AT BAGAMOO Before Aihaji MOM. Oman, Esq0., District Magistrate • OMARI ABDALLAI-I ....... . APPELLANT versus THE REPUBLIC... .. . 00 0 0 00 0 0000 000000 000 0000 RESPONDENT $ CHARGE: Attempt to steal contrary to section 381 and 265 of the Penal Code. J U D G M E N T MUSTAFA, J. - The appellant was charged with another person of attempting to steal an earthrod of.C.C.M. Bagamoyo District contrary to sectior381 and 265 of the Penal Code. There was evidence which the trial magistrate believed, and I am satifièd he was right in so believing, that appellant's co-accused was disturbed when he was attempting to sever the cable holding the throd with a pair of scissors whereupon the appellant's co-accused ran off. The appellant was seen arriving at that spot with his co-accused and was told by his co-accused to stop a short distance away, said to be about ten pace4 under an electric pole. The appellant was so standinq when his co-accused was tryingto cut the cable, and ran off his co-accused when PWO1 challenged them. That incident took p at 2.00 a.m. in the morning. There was ample electric light. pW.l knew the appellant's co-accused and recognized the appeilmi. whom he picked up subsequently at an identification parade. appellant merely denied being there at all. Mr. Machano was submitting that the appellant was not involved in the attempted stealing, only his co-accused was. • 0 /2 2 However, section 23 of the Penal Code would apply to the appellant, who clearly had gone to the C.C.M. office with his co-accused with a common intention to prosecute the unlawful purpose of stealing the earthrod0 I am satisfied there was sufficient evidence to justify the appellant's conviction, and the sentence imposed was propere The appeal is dismissed in its entirety. / (A0 MUSTAFA) JUDGE Dar es Salaam: 27/7/79 -7