19710521 TZHC Arusha2

IN THE HIGH COURT OF TANZANIA AT ARUSHA

APPELLATE JURISDICTION CRIMINAL APPEAL NO. 61 hF 1971 ORIGINAL CRIMINAL CASE NO. 1795 OF 1970 OF

THE DISTRICT COURT OF ARUSHA DISTRICT AT ARUSHA Before J.L. Nwalusanya, Esq., Resident Magistrate LUCAS s/o MAINGATLJ..... ...... ............... APPELLANT/ACCUSED - - - versus THE REPUBLIC ................................ RESPONDENT/PROSECUTOR '_---- CHiiRGE: Gr ious harm contrary to section 225 of the Penal Code. i;-... - -- J U D G bI E N T 3MAj!__ ' —iewntrgi, AG. J. - The appellant was convicted of causing grievious harm to one Maria Serikali. He wassentenced to two years imprisonment and ordered to pay Shs. 200/— compensation. There was ample evidence to support his conviction. The trial court accepted the evidence of the eye—witnesses who actually saw - theappellant brutally assaulting the complainant who was then pregnant. In his petition the appellant advances no arguments with which the trial court did not deal. This appeal was admitted because the sentence was congidered excessive. T he Doctor who examined the complainant concluded that she miscarried because of the appellant's attack. She was then six months pregnrt. The appellant kicked her in the abdomen causing her severe bleeding coupled with miscarriage. Contusions were also S. found on her back and buttocks. In sentencing him the trial magistrate remarked:- "The accused posed as a brutal animal. The consequences of his brutality are things like a miscarriage One soul has ......... been lost. I think a

diterrent sentence is called for." The learned State Attorney supported the sentence although he was not so sure on the question of compensation. I respectifully share his view. The learned trial magistrate properly directed himself in assessing the sentence and I find no cause to interfere. Accordingly the sentence is hereby confirmed. The compensation order was made without citing the authority under which such order was made. At any rate the quantum was so large that it appeared to be punitive to the appellant. It is only fit and proper that it be reduced and it is hereby reduced to Shs. 50/—. Save as herein ordered the appeal fails. Ar usha 21/5/71 (ivi.H,A, KWIKIMA) AG. J U B G E jsm - .-I i r: I