19750707 TZHC Dodoma

/1 1 ADO . IN THE HIGH COURT OF TANZANIA AT DODONA APPELLATE JURISDICTION HIGH COURT CRIMIt:AL APPEAL NO.. 28f OF 1974 ORIGINAL CRINIiJAL CASE NO0 iOO OF 1974 OF THE DISTRICT COURT OF SINGIDA DISTRICT AT SINGIDA BEFORE W. R. MRAMBA RESIDENT MAGISTRATE MKURI S/O NGIMBA APPELLANT ver s us THE REPUBLIC RESPONDENT CHARGE: Cattle theft c/ss 268 and 265 of the Penal Code 0 J U D G M E N T MWAKASENDO The complainant's head of cattle in this case were stolen by a person or persons unknown on 19th November, 1973 and on 26th March, 1974 one of the head of cattle was found in the appellant's cattle boma.. The appellant was arrested and charged with cattle theft 0 He was convicted and sentenced to five years' imprisonment.. He now appeals to this court against his c:onviction and sentence.. As properly submitted by learned State Attorney, the circumstances disclosed in the case are such that there seems to be no justification whatsoever for the trial learned magistrate drawing the inference that the accused/appellant was guilty of stealing the cattle simply on the basis of the finding of one head of cattle in the appellant's boma four months after the cattle had been stolen from the complainant's cattle borne... Four months as it was held in the case of SAIDI V REPUBLIC (19C9) H.C.D. 123 is too long a period to entitle a court to apply the doctrine of recent possession. The trial magistrate was therefore wrong in involving the doctrine and convicting the appellant fr cattle theft. And as no evidence was led to show that the appellant received the head of cattle found in his possession from the thief, the only correct finding open to him in the case was one of being in possession of stock reasonably suspected of having been stolen c/s 3 of the Stock Theft ardinance, Cap.422 of the Laws which is subject to the minimum sentence of three years' imprisonment under the Minimum Sentences Act, 1972, For the foregoing reasons, I quash the conviction for cattle theft and set aside the sentence imposed and substitute therefor a conviction for being in possession of stock reasonably suspected of having been stolen c/s 3 of the Stock Theft Ordinance and a sentence of three years' imprisonment under the Minimum Sentences Act, 1972, Ordered accordingly. 7M<wakasend 3rd November, 1975 JUDGE Judgment delivered in open court this 7th day of November, 1975 in the presence of Mr0 Kinabo, learned State Attorney. M. $( Mwakasendo 7th November, 1975 JUDGE