19810306 TZHC Mbeya1

I ft2 I-1011 COTMT CF TZflJ rrl 1iL. APPRLLLTI IS)IC CRIhINtL 12?E•L hO • 33 OF 1979 (oIGINL CflIhiL CLh NO.354 OF 1978 OF TEiE DI$TRICT COURT OF 1T13IJL LT ItRTYI.) B.]FORE: P O R.BLThYUNGA Esq., iL JID hT IL ISTitLTE SINA I'IL]YIEITO s/c NI31iI1LIL •. ,. .1 .. ., APIDLLLTJ ( Orijna1 1lcctuOd ) iT o r s u s Ii3 IUIPUBLIC •. •• •• •. .. .. .. .• .• RESICOI'TDhIiTT ( On CILARGDN. Robbery wi vio1noe 285 and 286 of the Pena.. Code. SM'IAPPA, J.,— This is an appeal from a decision of the district court of i'Ibeya district whereby the appellant was convicted of robbery with violence, contrary to o.285 of the Penal, CodQ, and was sentenced to a term of seven years' imprisonment. The appeal, aws. paintd out by Mr. Teemba, counsel for the Republic, is devoid of merit. t' was the •cse for the prosecution that on July 13,f 1978 w the appellant, •aidcI cnd abetted by another man who later jumped bail, robbed one Rehemn Lrdolwisrc of a wrist watch and the sum of Shs.225/— in cash. Rehemas evidence was amply Qorroborated by one Hazole Majimaji, a man who imew the appellant and his accomplice fairly well. The appellant!s dfencé ofa gêne±l 61iaráte±'w10h6d nothing on the aind of the learned trial maistrate. I can see no reaàii 'in the world why any weight should have been aitahed to it. It was a pack of lies. The sentehce'1111-1i6111 th6 ihe nimum pes'cribed by law. This court does not have even a semblance of powertbe't'' 7 sentence. - - The appeal stands dismissed in its entirety. --- 5- - Delivered' this 6th, day of Iarh,. 1981; in 'the presence of Mr. Teersba counsel for.the Republic..': B.A. SiNATT - J1JDGE