19830725 TZHC Mbeya

fl.: THE HIGH COURT OF TANZANIit AT MBYA PP.t!1i1ATi: JtJHISDItTION (Hbeya Registry) CRflIEAL APPEAL NO. 60 OF 198 ORIGINAL CRIlIflJAL CASE NO.234 OF 1980 OF THE DISTRICT COURT OF MBEYA DISTRICT AT ILBEYA Before: P.R. Bateyunga, Resident hagistrate 1 • iOCK s/o. MWALt7EIt 2. SAIVWEL MHi1NYE ............. •q L.LAANTS VERSUS THE RPUB1IC . ..... ........ ......,.... R'ONDN' CHARGE: Robbery with Violence c/ss. 285 and 266 of the Pa]. JUDQNT iiUWfERA, J. The appellants ;Tere charged jointly for robbery, in the sacxe.r as in the appeal. The first appellant was a 1gabo 'ni the secoi appellant a watchman ei'ployed at Iwanbi Soap-Pctorv. The comp1ai)nt (pw.i) and his friend (Pg' 2), a Nigerian ahi. a 8er'1 Leonian respctie4,.. were enroute to ZaLJOTh in t c: driven by uma Mwilule (PJ, 3) who biMmed to be a Tanzanian based in nya. It was a11ed that on approaching Tanzania/Zambia boarder, sometime at ni5ht, the car's petrol taxk dri4 up. They had no choice but to finish the n1g4t sleeping in-their oar. At around 3 a.u. two men, who turned out to be the two appel1an, surrounded thv car. They .'a'dered the thi e acipats of the car Ant and commanded them to lie on ground. This th miortunate trave)-].a did at gun point. The two robbers took two wrist watohe8frovi ti complainant (p.w.i) as well as money in US dollars. They wert laving the victims at the scene. The Police Iyuuga were infoed. Mcl investigations commenced. The the appellants wer.) bULspected and Qjmr.Nd. Bath of them denied that they robbed the compathant. They were cDnvi.ted and sentenced to 8 year iriprisonnient and have appealed to The issue in the cane was the idehtification .)f the appellauts 4W ±J three tavellers, All three witnesses (Pi.i, Pi.2 and PW.3) gave 4it$.cal versio*s that When the two mèri approached them they could see theM 0140rly* BOTh wers inspting the inside of the car whose lights were o. enab1d the witnesses to identifr the apicilants. ley aid th £irBt I appellant was in uniforis :nd hi a gun, the sec appellant gore an over coat. The robbery took pLce near Iwaubi - Fadtory. Thera was evidence (and the two appellants ajnittei) that •uring the night of robbery the appellants were on duty uaing the Pactory, The first appellant was given a sub-machine gun for the purpose. ile re -Untried the saneto the Police Station. The three witnesses said it was similar to one the first appellant had during the niaterial night. The trial magistrate considered all the evidence as well as the appellants' defence and, came to cocJ.usion that all threewitnesseS could not have made mistakes of identity so that the apellants were sufficierftly identified. I have also considerY all th relevant facts and find no reasons to fault the triaJ. magistratea Th% appellants were rightly convictodi Their joint merio did not raise anything of :irnportance to justify an interference by this court. :Likewis tha. sentence of 8 years for these kiri of offences was not excessive and Is confIed. The appeal is dismissed. in its entirety. AT iBEYJ, 4,! 25th July 9 1983 J1