19820215 TZHC Mbeya1

I 4. IN TH HIGH CO -n,IP OF TANZANIA i APPELLLJ JIflISJIOTION (TIbeya lleistry) CRIm1L.L LPRSAL 'JO. 37 OP 1979 ORIGflLL CRLI:LL CASE NO. 133 OF 1 970 OP TIII DISTRICT COURT OF IIiINGA DISTRICT AT NAFINGA Before G. Kayaga, 2sq. 9 D1Magistrate. versis ErnaTiDRJpIThLIC ,........,...... RESPONDENT CHARGES Arson c/s 319(a) of the Penal Code Cap. 16, Vol.1 of the laws. JUDGE IT ___ - This is an appeal fron aec 4,sidh'of 'the district court of Mufindi whereby the appel1ar -t is conQic±od of arson, contrary to 5 .319(a) of the Penal.Code, ani was.sent'enced to •two Jearst iaprison- ment The appeal must be dasrissed 0 The setting onfire of the house in question was done in broad dayight The apeJ.1ant as se'en doing so by a daughter of the complainant, vllho 5, thugha child of tender years, gave her testimony on oath after the learned trial nastrate had nductod a'voi1 dire exaninatiQn.. The appellantwas alsç een in th vicinity of the 'burning house by the complainant and one Faustina, the mplainant 1 s sister. The appellant did nothing to demonstrate that hwasin the vicinity in response to the alarth±he complainant's .daugh±er raised The loerned trial maietrate rejected - rightly SO in my v - the appellantts explanation that he was on the scene in response 1a that alarm. It is ti'ue that the complainant's dauGhter apparently did lot inform her aut thatit was the appellant who had set the housec On fire 1 There is evidence, however, that the daughter d. pas 'idi infoxtion to her fathe 0 (2) The appeal against sentence is also without merit. Aron is a very serious offence. It at- tracts the maximum sentence of life imprisonment. I cannot see how the sentence of to years' imprison- ment can be said to be tOo excesrive towarrant this court reducing it,. I confirm that senteice. The appeal is dismissed in itseuitirety. B. A. SAN.ATTA, JUDGE O Delivered at Mbeya this 15th day of February, 1982; in the presence of Mr, Teemba, Counsel for Republic, 74. -! -- : B. A. SMATTI JUDGE, . -- . . - --- . ........... .. -. •-r :. ........... - )••. L..i. i5 ........... c 1%'2 t: (• ::E.-. . .._) ... ... _;. .