19830816 TZHC Mbeya1 1

PC, "*- IJ :hL. _JGH (2Oii Cj J.. T IuiL:Y rLLTiL' JUiI SDICT1ON (iibLy Registry) N C±IIiFTuJ PPiL 10 8 oi,, 192 OiIGL L CRLiII CS u ±4) 0 1981 OF THE D10ICT COUHT OF T:EEY DISTRICT AT IIBhYA Before: P. lvi. loushi, Senior District Magistrate. BRiISON s/o lwABvaT. ............ . AP1ELLNT ' VnRSU.S • . TIM BEPUBLIC ,, BJiQND1NT CH.RGfl 3at dot2iat. Robbery with violence c/ss. 285 and 286 of the P C. 2nd Copnt_ Being in possession of Fire i-.rvi without 1icen c/s.13 (1) of the irms and Aucvn.ition Ordinance Cap.23. 3rd. Count ssau1t causing actually bodily harm cjs.241 04 P.C. JJDJT MNRA,. The appellant was charged with three countst robbery, possession of a firearm without a licence and assault oauing aoMal bodily harm. It was stated that during the night of 14/12/80 rObberg ehteed the complainani t s house :u.l stcl. his greener shotgun by force s He did, , 2 not identify the robbers. On 25/5/81, ±lve rao rvthb after the rob ~e l~yj the appellant was seen carrying a parcel which the people therp, sus p rp ted, He was asked to have the parcel exahined.. He did not stop 14ut raka away instead. They pursued. Qhen he found that he could not get*ar hQ stopped and took out a gun fron the parcel. He chargudon oAtA c Af the pursuers, John iviwensengo (P11.2) and hit hiini with the bitt of ht gun on the facib. Despite all this the appellant was overcome and bri -t to justice. He was charged with robbery, being in posseson of te gun, he robbed the couplainent and assaulting John Mwansengo In his Uer,oe he argued that on 25/5/81 he was walking through a village. LeQp uxLaed him. One of thou, Jackson (P12.3), ordered him hands up s Thin tn kor had a gun. They shouted that he was a thief. They accused hjt'i 4 havin stolen the gun Jackson was 1olding. 11s so the atiorl that e had asa4.. ted John (2) this he deni-d e sail it was John who bad asu1ted his. He was convictel of all three counts as charcel v sentenced to serv yearn for robbery and fi:.e.i 3hsl,OOO/= on 12 nontho and. 2t)OO/ or 12 xactha for 2nd an'l -- g the hearing (2) There was pIeedence thatthu appellant was found in possession of a Greeier shot ,o.11654 of vihich the record proved that it belonged to the complainant,.. amdhwhich wtisti stolëia du'ing the robbery. As for the assault,, there were: serral witnssas who saw the appellant beat John Mwansond (?.2) with the gun butt: In his mepo and his verbal sUbLIisSions he setu.4he defence :±l:insan±ty. This was not set up in the trial. I find no justification to cntertairi it The apreil against conviction is isissec1 s for the sentence the trial magistrate applied a wrong. principle by imposing concutive imprison tent in lieau of fines, This .brdught the tOtal, tern of iersonment to 9 years, which is in excess of the magistrate i s jurisdiction by one year. I substitute 6eionth imprisonment in lieu of fine and count. This brings the tothal tç 8 years. At Mbeya, F. A. 101YE1tk, 16th au8ust, 1983 JUBGh.