19820529 TZHC Mbeya

IN THE HIGH COURT OF TANZANIA AT MBEYA APPELLATE JIfflISDICTION CRIMINAL APPEAL NO. 52 OF 1980 (ORIGII/iL CRIMINAL CASE NO • 1 OF 19 80 OF THE DISTHICT COURT OP MUFINDI DISTRICT AT NLFINGIi) Y!iGAESQ. ThATH JOHN 8/0 ?MINY'rVUA APPELLANT versus 911E •o.....0600 0000 0000060000.. :R3POi.DLJT JUDG?IENT SJIMATTA, J., This isan-4ppea1 from a. decision of the district court of Mufindi district whereby the appe1]ant, John Nwinyimvua, was convicted of attempted robbery, contrary to s. 285 and 381 of the Penal Code, and was sentenced tb a term of sven years' imprisonment. The appc.al againt: coñvi.cti.on is p1ain1y-a sho± in the dark. The evidence before the trial court olear1,r established that on January 4, 1980 , at about 2.00 p.,, the appellant and some other persons, attempted to rob two employees of the Stone Valley Tea Company of the sum of shs. 160,OOO/=.Wbn. iarm was. raisM 1b one: of. the: employees the appel1an to6k to his hee1s, Ie waé, Iiowevr arresed after a V short chase 4 In his extra-.judicial statement, which was produced before the lower Epresslyconfessed that he had conspired with his colleagues to steal the Shs, =. I find it difficult to believe that the appellant honestly believed . ..L: ........... that this court would poss±bir iah the conviction. The appeal against sentence i I think, not without merit. ....... 1:• . .... .. 5 :.. Contrary to what was stated by.%he learned trial magistrate, the e./2 minimum sentence prescribed by law (the Minimum Sentences Act, 1972) for the offence of attempted robbery is not seven years' imprisonment. It is three years' imprisonments see s. 4(a) of the Act and the 12th paragraph of the First Schedule to the said Act. For the reasons I have given, the appeal against conviction is dismissed, but the appeal against sentence is allowed, by reducing the sentence to one of three years' imprisonment. JUDGE Delivered at I'tbeya this 29th day of May, 1982, in the presence of Mr Kapinga, counsel for the Republic. E.A, SLJLTT.L JUDCL.