fundisha omary fundisha 2016 tzca 535 18 april 2016

IN THE COURT OF APPEAL OF TANZANIA AT DODOMA (CORAM: KILEO, 3.A., ORIYO. J.A., And JUMA, J.A.^ CRIMINAL APPEAL NO. 592 OF 2015 FUNDISHA OMARY @ FUNDISHA............................................. ...APPELLANT VERSUS THE REPUBLIC............................................................................RESPONDENT (Appeal from the decision of the Resident Magistrate Court of Singida at Singida) (Lema, Ext. 3.1 dated 11th day of December, 2015 in PRM Criminal Appeal No. 52 of 2015 JUDGMENT OF THE COURT Rule 39 (6^ of the Court of Appeal Rules. 2009 KILEO, J.A.: After having heard both the appellant who appeared before us in person and Ms. Judith Mwakyusa learned State Attorney for the respondent Republic, who did not support the sentence imposed, and having considered all the circumstances of the case we are settled in our minds that the appeal was filed with sufficient cause for complaint. In the result we allow the appeal, quash the conviction entered and set aside tfie se n tie r^ T i^ o s^ l^ ^ u rth e r oM eFan immediate release~from prison of the appellant unless he is held therein for lawful cause. Reasons to follow in due course. DATED at DODOMA this 18th day of April, 2016. E.A.KILEO JUSTICE OF APPEAL K.K. ORIYO JUSTICE OF APPEAL I.H. JUMA JUSTICE OF APPEAL I certify that this is a true copy of the oriqinal. E. F. FUSSI DEPUTY REGISTRAR COURT OF\aRPEAL 2