19860722 TZCA Dar es Salaam

I· ·J l t '.I' r !' Ii ij " I I I IN THE' OOURT OF APPEAL OF T).N Z.ANIA I . I AT ARUSHA [ I ! CORAM: MUSTAFA, J.A;; M.AKAME, J.A. And OMAR, J.A. 1· \ r Ii iI . CRIMIN.AL .fµlPE.AL NO. 82 OF 1985 (I I RAMADHANI NURU. • • • • . . . . .APPELL.A!'1T I i~;,, I VERSUS THE REPUBLIC. . . • • . . • • • ItESPONDENT r: ( It/ , ..... (Appeal from the con~iction of the 'I High Court of Tanzania at .Arusha) I 'I (D'Souza, Ag. J,) dated the 2,th day 11 of February, 1984 l,.... ' " • I"~. ,,.. -·· ,:, . ;_ }'"'".'.:. ,il . - 'l I , •~iminal Appeal No. 92 of 1983 JUDGEMENT OF. THE COURT MUSTAFA, J ,A,: ,There was a· robbery at night in which it was . alleged that 15 persons took part. During the robber;r\ violence was used on the inmates of the building where the robbery took place. Some of the.robbers were armed with hand guns. , ;·,c •' '~. '•~ Several inmates in the building had to hand over ' ··-:-1, "'· ' ~ .; ~ . cash to the robbers. Eleven of the alleged robbers were arrested and charged before a District Court. The ":◄ ♦ ;..i:. :,,; ,I, f/.'· I ' •• • • trial court convicted 5 of them and acquitted the other . . .. .; 6. The five convicted were Accused 4, Accused 5, Accused 7,~. I •· , • • -...:,,.- • Accused 9 and Accused 11 at the trial. Tho convicted '. .- ,, persons were sent up to the High Court f,r sentence. In .J; -:__f,._ the meantime all the 5 appealed against their conviction. r· ... "' .. The High Court heard the appeals, and allowed the app-eal-s--o-f three· -appellant·s," _but dismissed the appeals of twe of them. Among the unsuccessful appellants was ·' ~.- .. "•~ .. ... ,~ the present appeliant before_ us, who was Accused 9 at the -.-~~:·:1 ,. 4"' '' .. j ...... .·/2 . • ·' ii ~ IJi·.. 1/ 1: ! ., It II r ~- - '1· • .• '11 111 r~i I .. r j •I I . 'i1,1 trial. The High Court sen~enceg the nresent appellant to. .... -. ...,_: l~_yeih!i iqi,prisonme~t and··-made the usual oompensation order.· I . ( ! 111 I t ,' j ', ,' I: Ij I I I: :r1 • 1,11 I! I This is a second appe,al and the appellant appealed. ~" ]' I us on purely questions of fact. No legal point has been , :1, ;,, , '.; urged before us. Mr. Mwale for the' appellant has attacke,~ the convic~ion on the issue of identification. In our view 'identification is .a matter of fact~ and there certainly was evidence adduced at the trial to ,justify the I', .i , 1 ,11 :II! II , I '' I .' ' ·,,.'rti _,, .. J . ' ,, concurrent findings of the courts belo.w that _the appellant I· ,{. • I was idt?JJtified as one of the robbers on the material night. ► I' ! I. 1 0 ! I '1:, \' '' 1 I· The sentence is cer_tainly severe, but then this was , fl, i . a robbery at night within a bu.:lding in which ·violence was used and injuries inflicted aud some robbers were armed~ . Ii ,,1 I I I I I ; with guns. ( ( :i, I !I ! In all the circumstances we dismiss the appeal in its· ·: entirety. I I ,! 1:, I : ~ I I ! ): D.ATED at .ARUSH.A this 22-na- day of July, 1986 •. ~ I'\: I f!I A. MUST.AF.A i '1,, 'I ,,,.,. '",I I' 1:1 '1 JUSTICE OF APPEAL I· '1 I ,, Ii' · L,. M. MAKAME JUSTICE OF APPEAL ..•'; ', ~~, ~. •'°':i A. M.A. OMAR JUSTICi OF APPEAL . ..;;,..~ /J I certify that this is a trite copy of the original. . .. -·- __ '-;··i: ' .~ ... ' ~ ~ ( J. H ~--rosoFFE) ' .. - .. 1~·- ~ ·. ... ·' J)EPUTY RECISTR.AR. . I • ~ ... ' ... . ·~~"""_;, --,; '•~- ' .J ....... f ~ __ . . . , . _ _ --· - - ·-- I I