19801015 TZHC Tanga

/I7I/ c---- LI :. V IN THE ItIGH COURT OPTANZANIA. • AT TANG-A, S APPELLATE JURISDICTION CRIMINAL APPEAL NO 44 OP 1979 (Original Criminal Case No. 2 of 1979 ) of the District Court of Harideni.....).. • Before: M.H. Bakari Esq,cD/Magjstrate' M.AiviSALEHE..................AppELLANT (Orig. Accused) Versus., . THEREPUBLIC ................. RESpQiDENT (Orig, Prosecutor) • CHARGE: Attempt to Gommit Arson c/s 320 of the Penal Code Cap, 16 Vol. 1 of'the laws. 'JUDGEMENT Slsya, J:— . . •. .:' ..:.. . This matter was admitted to hearing when it was felt that the sentence . of three years imprisonment imposed on the appe1lnt for the .,offence of ettepted arson was manifestly inadequate.' I also duly ordered that a no±ice of enhancement of •entece beSsexód. on Lthe appellant. The appeliant.pleaded guilty to the pffence, The facts which he admitted as correct in. the Court below are that on 2/il79 the appellant .went.to. the h,quse of one Hamza Abdalla, a resident of' • . Magmbai vil]age..in Handeni District, and asked for accommodation or ratier some shelter, temporarily. He apparentlyhad beiLênged by the complainant, Saidi Gumbo, over something. The comp1ainan was also residing in Maamba village., While he.. was in Hamzas house 'the.appellant intimated to the former that he:.hadplaiinèdto • S • •.' l:j' S;. - 2 - set the complainant's house ablaze in the night # He appellant, added that if that did not succeed then he would ehcot the complainant down with a gun Hainza who must be comended for his good Spirit managed to slip out and went to warn the coplainant agaist the imminent danger: Apprehensive of what fate may befell him and hs.family if he did not take the neceesary precoutionary measures the complainant decided to keep vigil over his huse Indeed in the small hours of the night he saw the appëllant approach his house from where he hid himself. He, appellant, had a torch and other paraphernalia in his hands, On his arrival at the complainant's house he stopped and struck a match With which he lit a piece of twisted cloth at whose other end he had tied Six matCh sticks, Exhibit "A", He stuck this to the roof The f ire was supposedto.sirnmer across the cord made of cloth and act as a detonator However, due to lack of mind the cord burnt half way and stopped When the Oéllant tried to rekindle the "detonator" the complainant jumpedonhia and appehended him tin flagrante delicto The appellant has now appealed to. this Court claiming that his plea was not unequivocal 1 He is a brnte and he is stupid, He is an arsoniSt and he must be acclaimed as such No meaner description will befit him, I dismiss his claim without further consideration as the same is devoid of merit. The conviction IS SOUfld in every reSpect With regard to sentence I must confess that unless theappellant really persuaded me to do otherwise I was willing and prepared to double if not treble the sentence imposed on him by the lower Court 1 This was a henous crime and it must not only be regarded but also Js treated as such However, the notice, of enhaZlceme.nt that hiA Sent to Maweni Prison for service on the appellant has been returned unserved with a covering letter from the. Prison authorities at - - - 3 - Maweni infbrring the Court that the appellant was, released and dischaged from prison on Presidential ciemency ooa in the final result the exercise to enhance the sentence is frustrted It therefOre must be and is hereby abandoned Nevertheless the appeal itself fails and it is dismiased in its entirety-. Delivered in open Court at Tanga this 15th day of Octobér, 1980. (H.E.D. Sjsya) JUDGE Advocates: Mwale Esq, State Attorney, for Republic.