19771020 TZHC Mwanza

IN THE HIGH COURT 0]? TANZANIA kT MWANZA.

APPELLATE JURIDTCTION HIGH COURT CRIMINAL APPEAL NO. 85 OF 1977 Case No.38 of 1977 of the District Court of Shinyanga District at Shiriyanga before H. G. C. KA,JERI, R.M.) MOSESSTEPHEN 000000.o,.000000.o.00.00. ...,........ APIELLAT (Original Accused) versus - THE REPUBLIC • 00 0 000O 00 0 •0 0 0 0 ........ RESPONDENT Orinal Prosecutor) CHARGE: Escaping from Lawful custody c/s 116f the Penal Code Cap.lVol.I of the Laws.

J U D G M E N T MAPIGANO, J: This is an appeal against sentence0 The appellant pleaded guilty to espaping from lawful custody contrary to section 116 of the Penal Code and was convicted of that misdemeanour. The facts are that some time back he had been charged with burglary and stealing and was admitted to bail by the district court and released0 He jumped the bail and sooner or later he was spotted by a detective corporal and re-arrested. But as he was being taken to the police station he botted away in an endeavour to flee. He was however pursued by the people who were around and recaptured. He was brouqht to court and prosecuted for his abortive escape from the lawful custody of the detective corporal — and upon his plea of guilty he was awarded two years imprisonment, which is the maximum custodial punishment prescribed for the offence. He now complains that the sentence is too severe and the learned state attorny has expressed the same view. The same with me. The appellant is a youth and a first offender and I can see no iggravating circumstances which called for the maximum sentence. As a matter of principle a maximum sentence should be awarded to the notorious or uncommon offender. He has now served ten months and I think that this is enough to meet the justice of the case. Accordingly, the sentence is reduced to such a term as will result into his immediate