19750609 TZHC Arusha

IN THE HIGH COURT OF TANZANIA ? 5 Am 7 AT ARTJSHA - APPELLATE JURISDICTION HIGH COURT CRIMINAL APPEAL NO. 448 OF 1974 • ORIGINAL CRIMINAL CASE NO. 545 OF 1973 OF THE DISTRICT COURT OF MOSHI DISTRICT AT MOSHI BEFORE:— C. G. MTENGL, Esq., Resi(aent Magistrate IVLKIOR TENANT CHIWJJrGu .............. APPELLANT :. (Original Accused) versus THE REPUBLIC.....%.................. RESPONDENT (Original Prosecutor) ORDER JONATHAN, J. The appellant on his own plea was convicted of stealing by servant, c/ss. 270 and 265 of the Penal Code, and duly sentenced to 3 yearst imprisonment. That was on the 8th June, 1973. Upon the appeal bing submitte'd for admission to hearing it transpired that it was not brought until the 18th December, 1974, which was • hopelessly out of time. I duly asked to have the delay explained away. The Prison authorities in their letter say that the District Court, despite several reminders by te appellant, failed to furnis1him with a copy of the proceedings. It is hard tbelieve this. The correspdndence referred to is not in the le of the lower court.. Th proceedings were short an'the lower court could not have . • taken long to have them tped out. Indeed, it appears !that, . • by the 28th June, 1973 they were typed out and that onithe 21st July, 1973 a copy of them was delivered to the .' appellant. . •• I Be that as it may, the appeal discloses no merit. The appellant upon the charge being explained to him is reQorded to have replied "it is tr u ett. The facts were then outlined at some length to the effect that he had received the sum charged and that he neither remitted it nor explained what he had done with it. He admitted the facts were correct and he was then duly convicted and sentenced. In his Lhe petition of appealcontends that the:prosecution failed to prove its case and that he was not given an opportunity to call evidence to the effect that he; had handed the money.... over to one Massawe, his successor If that was the ease he should have so stated when the tharge was reec-o him and • the facts narrated. His answers to the court were •learly • • a plea of guilty and I am satisfied he was rightly convicted. • Accordingly, th.--, appeal is rejected summarily not only • for being out of time but alsO for not disclosing any. • sufficient ground of complaint. • • . • (P. M. JONATHAN) • JUDGE. /MTPM. • • : • 9//75,