20070615 TZHC Tabora 1

IN THE HIGH COURT OF TANZANIA AT TABORA APPELLATE JURISDICTION (Tabora Registry) (DC) CRIMINAL APPEAL NO.95 OF 2005 ORIGINAL CRIMINAL CASE NO.121 OF 2003 OF THE DISTRICT COURT OF TABORA DISTRICT AT TABORA . i BEFORE: N.A.S. MWAKASANGA, Esq., PRINCIPAL DISTRICT MAGISTRATE MA GANGA HAMAD I MA GANGA ................. .. APPELLANT (Original Accused) Versus THE REPUBLIC ....................................... RESPONDENT (Original Prosecutor) JUDGMENT 4/4/2007 & 15/6/2007 CHINGUWILE, J. This is an appeal against sentence. The appellant was jointly charged with four other accused persons namely Asha d/o Mohamed Said, Hamadi Maganga @ Mrisho, Ramadhani Hamadi @ Maganga with unlawful possession of firearms contrary to Sections 2(1) and 34(2) Act, No.2 of 1 1991. They were tried by the District Court of Tabora, whereby the four other accused persons were acquitted but the appellant who pleaded guilty to the charge was sentenced serve a term of thirty years imprisonment and twelve strokes: Being dissatisfied with the sentence meted out by the trial court he is now appealing. The respondent appeared in person and the Republic was represented by Mr. Lukosi the learned State Attorney.· ~ The appellant basically has raised one ground of appeal which can be summarized as follows:- A sentence of thirty years imprisonment and twelve strokes is excessive taking into account the circumstances of the case. Mr. Lukosi learned State Attorney submitted that, as the offence is scheduled under the Minimum sentences Ac t, Cap 90 RE 2002 as amended ~ by Act No.IO of 1989; proper sentence would have been a jail term of not less than seven years and not thirty years imprisonment. He further argued that an order of corporal punishment was illegal. According to the trial court's record, the appellant pleaded guilty the offence charged. When facts were read to him by the prosecutor, the appellant admitted them as true. The conviction therefore was proper. • 2 • According to section 360(1) of the Criminal Procedure Act, CAP. 20 R.E. 2002 no appeal shall be allowed where the accused has pleaded guilty before a trial court except on legality of sentence. I find that his appeal has merit. As correctly pointed out by the learned State Attorney a sentence of thirty years imprisonment and twelve strokes for an offence of unlawful possession of firearms is illegal. I therefore reduce a jail tenn of thirty years imprisonment to that of seven years imprh;onment. I also quash an order of twelve strokes. This appeal therefore succeeds to the extent stated. ~J-Z A.F.CHINGUWILE JUDGE 15/6/2007 3