19841023 TZHC Mtwara2

Ii~ THB HIGH COURT op· TANZANIA APPL.:I..1LA.'l'E JU:k.ISDI_giuN CrUhII'A.L AF.tEAL rw. 65 OF 1982 OrtlGL·JAL C1Ul\l;,j'AL CASE, NO. 121 OF 1982 OF THE DI~~ttlC~ ~LURT OF LINuI DIJTRICT AT LINDI 1 BEFCP-.i::: EaJ. NYAi,A;.;i,,GAKA. 1 Esq., RESIDti'JT HAGIS'i'N.i1. l'E KHPJ·~IS I i'IGOI ••• a • o • • • o • • o • o • • • o • • APPELLANT (Original Accused) Versus THE R~FUBLIC o • • a • • • • ., ., • • • • • • • • • RtSP01,iJ.J.t:.:l~'l' (Original Pr0secutor) J U D G t_; M E N T -- MAINA, J. The appellant, Khamisi Mgoi; was convicted by the Lindi District Court of nssault cau~ing actual bodily harm and he was sentcnce::ll tc, b-10 years impriscmment. He is appealing t·... , against thl~ ccnvicti,m and sentE:nce. When th(, cr1c:1.1.:9e was read over to the appellant he a<..lmitted the charge. 'l'h~: f,icts werE, outlined by the prosecutor and the appellari.'t admittt;;,1 ··that those' facts were correct. •~he facts disclosed that th~ aJ~ellant unlawfully hit Halima. He was .•'· convictsc.:i on i1is own plc,a of guilty,. His allegation now that he hit the C::JL\llu.inant accidentally is a mere afterthought. Equally unfuun<:c,l~ is his allegation that he was induced by the prosecutor t,., ple:c.:.cl guilty. The appellant's plea of guilty was unequivocc.l c.n~~ o.ft~r his admfssicn of the facts of the case, he was prop2rly convicted. The appeal against conviction is misconceivs:<: .::Ti,1 it is dismissed. As r,29arC.s sentence, I agree with the learned State Attorney that the s~ntcnce was on the higp side. The appellant was a first offen,::-:.:r ;.:,n,.l the complainant suffered a minor cut on the ' bridge of the; nos<-::. However, since the appellant has now compleb,'.d ti.--1e: scnl,:nc:, which was imposed in June, l!J82, no useful purp~s~ will bLl served: by reducing that sentence now. In th-_, r:..:sult, th_ ,-.pp0al is dismiss,.::d in its entirety. ~ ~. ' " .. ~ ./2 \_~!\..\I !\_ W. J. Maina, MTWARA Jucl9e 23rd OctolL:r, 1984