19890918 TZHC Mwanza
The circumstances established in evidence, including prior acquaintance, exchange of words, use of a torch, blood-stained shirt, shoe found at the scene, and description to police, satisfactorily established the complicity of both appellants. The trial court was entitled to accept the identification evidence as...
Source-derived case information.
- Citation
- 19890918 TZHC Mwanza
- Parties
- Appellant: Masatu Matiti Chiloba; Appellant: Mafuru Juma; Respondent: The United Republic of Tanzania
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 September 1989
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Robbery With Violence, Identification Evidence, Appeal Against Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Masatu Matiti Chiloba
Appellant
Mafuru Juma
Appellant
The United Republic of Tanzania
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the evidence of identification was sufficient to justify conviction for robbery with violence
- 2 Whether the conviction and sentence were proper
Ratio Decidendi
The circumstances established in evidence, including prior acquaintance, exchange of words, use of a torch, blood-stained shirt, shoe found at the scene, and description to police, satisfactorily established the complicity of both appellants. The trial court was entitled to accept the identification evidence as reliable and true, demonstrating guilt to the required extent.
Court Disposition
appeal dismissed
Orders
- The appeals of both appellants are dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
IH THE :UGH COURT OF TAlIZA:tJIA AT MWAN:::;A HIGH C01JRT CRIMINAL APPEJ.. L no, 187 OF 1988 (CF) CRIMINAL APPJ:AL rro. 100 OF 1989 Or~ginal Criminal Case No. 62 of' 1987 o:f the District Court of' Bunda :Uistrict at Bunda Be:fore: G.K._Kayaga, Esq., · '.)istrict Magistrate) JUI!i!.J.. ML8ATU MATITI CHILOBA l •••.•••• 0 •••••••••••••••••••• APPELLANTS ·Versus T3Z Uh!TT:Ev RZPUBLIC e I • • • e e e I • e • • • • • • • e • • • • • • • • • e • • • • • RESPONDENT JUDGMENT The hearing. of'· these two appeals vras consolidated. The district court of Bunda sentenced both ap~ellants, Ma:furu I Juma and Masatu Matiti Chiloba, to seven years imprisonment consequent upon being jointly convicted of' Robbery with Violence c/ss 28.5 and 286 o:f the.Penal Code. They were aggrieved by both convic.~ion and sentence 1 and hence these two appeals. 1~. t the hearing o:f the Appeal~,· Mr.: Muna, learned state attorney, appeared f'or the Republic, whereas both appellants were, by their own choice, absent and Wirepresentedo I The material f'acts establ.;i.shed in evidence were that on _./ / 20-5-87 at about s.oo pm HQzron Ngalo (PW1) and his wi:fe Angelina DiGon (PWJ) were walking• back home :from hospital where si_ck they had paid a visit to a relative. PW1 had in his trouser pocl<:et cash shs, 4.,500/= and he held a torch and a stick. They came across a group o:f seven persons. PW1 directed the torch to the persons, and they then saw and rec?gn:i.zed both appellants to whom they were well known.· The :fir.st appellant held Pi·T 1 by the arm ~d ordered him to sit down. He was joined by the second appellant, and they then demanded money :from him. At :first PW1 thought they·were·jocking. But on realizing that they were serious he struck the second appellant on his :face with a stick (Ext P2) causing-_ blood stains on the shirt (Ext P4) of' the second appellant. Thereupon the entire group set upon PWl and his wif'e PWJ, and a serious scuf':fle ensued. In the c9urs·e of' the scuf':fle;' Pvl1 was stabbed ' cut wounds (Ext P1). at his bnc~·and sustained He :foll down wiconscious. Meanwhile PWJ was raising an alarm, and as aome people approached the spot with a lamp, the thu~~ took t.o their 'il ··-· ·•·- ··-•--,.. •••••••.• /2. '\ \ 2 - ~:ool3 ta:.dng with them the shs. 4, 500/=~ A shoe (Ext P3) of' the f'irst appellant was f'ound at the scene, and both appellan~s wero promptly arrested, and subsequently charged, consequent upon a report made at Kibarn. Police out-post. In their sworn de:fo~-ice bot~1. ap:;ellants claime'd to hnve been smoking f'ish at thG materici.1 time of'.tho assault and theft. T!-;.0 evid0nce seelcing to implicate both appellants in the off'ence cbarged is e~tirely of' identification, and it is a settled pri1?-?i1:le of' law that such evid0nce must be absolutely watertight to justi'f'y a con:victi.011. •.. The learned state attorney is of' tho view·that tho evidence of' identification was unsa:·tisf'n:ctory. For, !:fiY, P?F,t, I would respectf'ully dif'f'er with I him. Let me revisit the circumstances as established in evidence. \ Both appellants were not stra:ngors to P'f;J1 and PW3. There ' was 0xchnnge of' words. The torch held by PW1 had been .directed at the f'aces of' the assailants~ PW1 and P":13 had not been taken by surprise. There was the blood stained snirt of' the s0cond appollant and t~e shoe of the £irst appellant... There was the '.!01.md.·· in:flicted on the £'ace of' the second appeilant by Ptv1 's stick. Ther0 was the description of' b?th a:pp0llants to the police' by ?:I1 including that of the wound inflicted on the face of the s0cond appellantj Td my mind, all the f'or:egoing circumstances, properly examined and consid~red, satisfactorily established the complicity of' both appellants in the matter under consideration.· I am satisfied that the trial court was, on·the evidence and ) circumstances, entitled to accept as reliable and true the. evidence of' identification, .and I' ar.i further satisfied that the ..·. guilt of' both_appellants was demonstrated tb the required extent. In the result, these two appeals must be, and are, accordingly dismissed~ B.P. MOSHI JUDGE Absent For Republic Mr. Rutaisire