19910812 TZHC Dar es Salaam2

IN THE HIGH COURT OF T.1i.NZ,lNIA AT DAR B~ S,tL,I.1:.M.._ CRIMINAL A?PEAL NO! 155 OF 19S~ ORIGINAL CRIMINAL GhSE NO, 81J OF 19d9 OF THE- DISTRICT COURT 0F IL,iLii. DISTRICT ii.T KISUTU .3BFOfi.E MA.L'ITDJSi.'1 ...Iil\lI SHAB.ANI MT.iuiIB.AZI •••••• ·••• , ••••••••••• ~ • , •••• ·• ••., li.i?PELLJ~NT versus -THE UNITED -RE.?UBLIC ............. ,, •••••••••••.•••• RES?ONDENT,, ~ ~ ; "JUDGMENT B4H.A'l'I, J.• , This is an appeal by Shabani Mtawbazi \:1ho was convicted of the offenee of robbery with violence under section 205 and 286 of the Penal Code and sentenced to a terw of idprisori~ent.for thirty ye~rs.· He is appealing· agairtst both,c0nviction and sentence4 The appellant 9 according to. the 'evLlence, was seen at the scene of o,riwe by PW2 and PW3 in coL1pany with other people. He was ar □ ed with a knife and he together with the others th~eatened ~o harQ the residents the house which they invaded. IIe robbed PW2 and ?W3 of a lot of goods, Then soon afte:·• that the appellant t::igether with the co-accased.\ were arree.t~~~'.'. - by the Police (j?W4) as they were in a landro,-er wi·t.h the i.tolen goods whi"-M · · :. . ·. ·' the cowplainant was able to identify. The appell mt even led the Poli•e to _.. /: where so~e of the stolen goods were. This. w..:,uld teni lo corroborate "ihe visual _ i~11Htifigatiof . soo s se ze on £he rom a~Re1iant1fl · e , ppe n twfrn!nd. PW3. There . was . . claim . no ,.. 1 wade oi:vthe his colleagues (c0-accuscd) by any cf thew. '?he. contention of the appellant in defence that he. was an .innoeeat·"$·.,.• pe,sserby canr:ot be true in view of the above cv.:..dence. The learned Magist~a··,e · was correct in rejecting this defence. The c:mv::.ction canno, be faulted therefore and it is uphel1. The appeal against conviction is disoissed. As for the sentence 1 it is the bare □ iniwu~ since this was arced robbery. Act no 1J of 1989 has amended the willi..JUiJ sentertoe ~or ar~ed robbery frow seven years .to thirty years ioprirJnGent. The appea:t is therefore dis1,dssed in its c n ~ i r e t y . · ~ ~ ; , ? .......,_ 1-it- BAILlTI .. JU . 12/0/91. Court Delivered in court Appellant present Miss l\umissi DAR ES ~i\.LM1M 12th August: 1991n •·