N

IN THE HIGH COURT Or T?ANTA ]

AT MWANZA /

APPELLATE JURISDICTION HIGH COURT CRIMINAL APPEAL N0223 OF 1977 (Original Criminal Case No.751 of 1976 of the District Court of Shiriyanga District at Shinyanga — before M.CG, . C. KAJERI, R.M.) MBARAKA s/o JUMA ... a...... a .......... a a a a 0O a 0 a a Al PELLANT (Original Accused) versus THE REPUBLIC • - C a a a a a a 0 0 o a a a a a a a a o a a a o a 0 0 RESPONDENT (Original Prosecutor). CHARGE: 1st coupt: House breaking c/s 294 (1) of the Penal Code Cap.16 Vol.1 of the Laws. 2nd count: Stealing c/s 265 of the Penal Code Cap.16 Vol.1 of the laws. JUDGMENT/ORDER MAPIGANO, J: The appellant was convicted of house breaking andof Stealing c/s 294 (1) and 265, respectively, of the Penal Code. He was sentenced to three years imprisonment on the house breaking count and to four years imprisonment on the stealing count. He has appealed from that decision. With regard to the convictions, thre is no substance in his appeal. There was sufficient evidence to establish that the complainant's house was broken into in his absence and that clothes were stolen in the course of that braking. A number of witnesses testified that three days later the appellnt was in possession of some of the stolen clothes. The appellant denied that allegaion and set up a defence of alibi. The learned magistrate accorded credence to the prosecution case and inferred that the apellant was the one who committed

the two offences. He dimissed the defence ad false. With respect, I see no reason to fault the learned magistrate. The appeal as regard the convictions is therefore dismissed. With regard to the sentence on the first count, there is nothing which can be done. The sentence he received is the minimum prescribed by law. However, that on the second count is, I think, too heavy, regard being had to the fact that the appellant was a first offender and that the goods he stole were at the very highest only wotth shs.2,500/=. The Republic agrees. Accordingly, I reduce the sentce*on the second •count to two years imprisonment., to be served concurrently with the sentence on the first count.. .1