20070910 TZHC Arusha
-------11N-T-HE-Hl6H-GQUR-T-OF~T-A-NZANIA~--~--y------ AT· ARUSHA CRIMINAL APPEAL -NO. 26 OF 2006 ALEX CEORCE ... - APPELLANT - versus - THE REPUBLIC ........ RESPONDENT JUDCMENT BWANA,-J. 1. The Appellant was charged and convicted of Armed Robbery contrary to section 285 and 286 of the Penal Code. He was sentenced...
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- Citation
- 20070910 TZHC Arusha
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 10 September 2007
- Source Language
- en
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-------11N-T-HE-Hl6H-GQUR-T-OF~T-A-NZANIA~--~--y------ AT· ARUSHA CRIMINAL APPEAL -NO. 26 OF 2006 ALEX CEORCE ... - APPELLANT - versus - THE REPUBLIC ........ RESPONDENT JUDCMENT BWANA,-J. 1. The Appellant was charged and convicted of Armed Robbery contrary to section 285 and 286 of the Penal Code. He was sentenced to a prison term of 15 years. He now appeals against both conviction and sentence. He -has raised seven grounds of appeal. \ 2:-- The Respondent does not support the conviction and sentence as the prosecution side failed its duty _ of proving the case beyond reasonable doubts. It 2 is also conceded by the Respondent that there are serious contradictions in the evidence of PWs. 3. I have examined the record in the light of what has been submitted, by both parties hereto. I do concur with the Respondent's views. Accordingly, this appeal succeeds. The conviction is quashed and sentence set aside. I do further Order that unless the Appellant is otherwise lawfully held, he should be set free forthwith. • 3 Date: 10/9/2007 Coram: s. J. Bwana, J. For Appellant: Present in person. For Respondent: Mr. sarakikva. B/c: s.m. court: Judgement delivered. SJB/jn.