19880929 TZHC Mtwara1

. . I, . ""~. ,~:~' ·... :.. ... ·1. / , .. ,; nr THm HIGH COU:rtT OF Tl:.NZ.rul'Il.. /.T M'IWlJUt.; .APPELLATil JURI1DICTION HIGH COURT CIUMINJJ., 1.PEJ.l'J., N0.107 OF i988 Oricrincl Criminal Caso No.184 of 1986 of tho District Court of Soncoa. Distl'ict at Sor1t.,rioa Bcfoxoa P.SoNo Tibond.a Dsq., Rosidont M~strate YUSUF WJTZI o •••••• o ~ •••• o o • o • • l.PP.TilLIJ:.NT versus 'IHD REPUBLIC ooooO ♦ •o••o~•····· RESPONDENT JUDGMENT Rubana, J. Yusuf Manzi and e..nothor person ·we:ro I convicted of stoaling 2, grin.ding nill and each sentonc0d to five yoars inprison.r::1ont. Yusuf Mnnzi has appealed asainst tho conviction and sontonco. The facts of this ce,so a.re sir.1plo. Tho prosecution alleged that i\wuf Manzi· and his collea{;UC had on the 22nd Soptonbor, 1986 ~>d a <I:> grinding oachino later positively idontified as bolongincr to one E. Mbo:na at tho house of IIadijo. Rajabu Pl-1 0 2. The storod grinding o~chino was □cant for a noii;:;1:ibour of Hadije. Ra.j2.'bu one Maulana and it was boo;::,i.Lf;lo the said t.l:J~- Ma;ulana was not at his hot.1s0 a.t ti-~o ti1.1e tho ap:poll2..nt and his colloauaue arc alleged to have .,md the f,Tinding oill that they requested Hadija Raja.bu PW0 2 to tcnporarily store it at her place. The :prosecution further alleged that tho ap:pclln.nt and his colloci,c;uo off loaded tho g.ctnclinc na.chino and loft. On tlloir return to tho house of Badija Rajabu PW.2 tho sane day, prcsunably to fcny the l!rindin.:; nachino to the house of Me,ulnna tho appollwit and his collo~'"'Uo 'were arrostod by the Police after they had beep. pointod out to the said Police by Haclij2, Rajnbu PW.,2. Tho appellant denied tho prosecution ceso that he end a colle~c of his had taken a. ~i~ nill to tho house of Hadij£1. !la.jabu PvT .2 on tho 22nd Soptaobor, 1986. Ho had oontionod that ho was arrested at. the house of Hadija Ilajabu whore a crowd· hc1.d gathered looki?l{:; at a. grinding oill ancl. that he h£>.d boon picked out "because of his youtb.f'ulnesso The ap:pcllroit further n2inte,inod that he hacl boon to this place alone and he ha.dn 1 t known even his co-accused ;boforo that day. - 2 Tho trial na{;i.st1~ato e.ft0r 0valucti11c tho cs.so for th0 prosecution and defence conviotod tho appellant. In his nor:iorand.uo of appec,l tho appellant rGpoats his defence at tho trict.l court and in soverd ws,ys qucstiont,l:t;he cor~coctness of his identification o,s one of tho people said to have taken the r.rillin& nac:1ino to t!1O ]10uso of Radija Rajabu Pt'1.2. Tl.J.c tri2.1 D2.t:'.;ist:cc.to had docl t with tllo question ·of identific<1tion pointin& out that tho tir:10 tt:kcn by the appellant and his colleac:,ue in aoeld.ng pornission of' Hadija Rajabu to store a GTind.ing oachino at her house, tlio off-loacl.inc; of the said erinding rno.cl1ino end the sto:t>a-Zo of the sru:io grinding :r:1ncllino o,t tho ki -tchon h().Cc p~coduced sufficient tirac for Had.ija Rajabu P1·i.2 to have nnrkod tho appollc111t and. his collo3.t,~e. I accopt this findinG considorinc furt!-:.cr thet this e::rorcise hn.d taken place durin8 broad day liGht and tho arrest of tho e,ppcllant and· his colloBt:,--uo took place a l!ihort tine followi11£; tho off-loading of the nachine at tl.10 houso of HcAija ~~jabu. I find tho identification of tho appellant as ono ·of tho people who had tak.on tho nillinc r:iachine n0ant for one Maula.na could not have been anyt:.ung but cor.rect. The nilling nachinc had boon recently stolen fron tho houso of one ~Ibona who was then out of his hone ~ccivi:ng ocdictl trcatnont at Lizabon area So~oa. The comriction was an:ply supported bj· tho evidence. I disniss tho appeal 2.gainst conviction. The aplX)llant has st;:i,ted that in p0,ssi11G sentence the tric.1 DB.o'"'istrate had not adequately addressed hinsolf to tho rai:liigc.:i.ting fac:bors in his favour. Ho outlines tho nitigc.ting factors for this court to consider while exnniltl11G the inposod sentence. Tclcing into consider~tion tho ovidoncc, I find the inposod sentence not oxccssivo. I d.isrliss tho appccl. against sentence. In totality tho ref ore the e.ppoal by, Yusuf' Manzi is d.:f.11:lissod in its entirety. ~~~ . JUC4:,'70 29.9.88