Tanzania Judgment

TZHC

19770824 TZHC Dodoma

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Source document

01

Holding and result

The conviction was upheld because the appellant was positively identified by two witnesses who knew him, the stolen property was traced to his house, and he failed to offer any explanation or defence. The statutory minimum sentence was correctly imposed.

Court disposition

appeal dismissed; conviction and sentence upheld

02

Material facts

Parties

The Republic

Respondent

[Name not provided]

Appellant

Amounts and remedies

  • Sentence: years 7

03

Procedural history

  1. Posture

    Criminal Appeal / Judgment on Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant alleged in his memorandum of appeal that he had quarrelled with Pw.2 over Pw.1, suggesting a motive for false implication, but did not raise this during trial or provide any substantive defence.
Respondent
The prosecution argued that the appellant was positively identified by two witnesses, was found at the end of a trail of stolen millet leading to his house, and failed to provide any explanation or contradiction to the evidence against him.

05

Court’s reasoning

  1. 01

    general criminal law principle

    An accused person has no duty to prove his innocence, but failure to explain or contradict strong evidence may be considered.

  2. 02

    Minimum Sentences Act, 1972

    Statutory minimum sentences must be imposed where prescribed by law.

06

Ratio, limits and disposition

Ratio decidendi

The conviction was upheld because the appellant was positively identified by two witnesses who knew him, the stolen property was traced to his house, and he failed to offer any explanation or defence. The statutory minimum sentence was correctly imposed.

Obiter and limits

  • The appellant's allegation of a quarrel with Pw.2 was an afterthought and should have been raised at trial.

Court disposition

appeal dismissed; conviction and sentence upheld

Source and reliance status

TZHC · 24 August 1977

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Judgment reading view

Judgment text

The complete available source text.

Source document

TZHC

Judgment· 24 August 1977

19770824 TZHC Dodoma

IN TEE EIGH 00URT· OF TAFZLNIA. I < AT• •DOIX)JV"lf. ' •• ·;' AI'?ELLATE JURISDICTION H+GH COURT CRUJ-UU~L .1~:::'P:13:LL No •. 130· OF 1977 ORIG IN/1.1 CRIMIHJ;.L CA8B .No. 493 OF 1976 OF THE .• l DIS'l!:RIC T::couRT OF SilTGIDA DISTRICT l~T SING-IDJ:... . ,1,;, I • BEFORI~: . -• ... e • • • 0 0 . . I:..PPELL~I.NT .. THE· REPUBLIC •:-;~./ .... RESPONDENT -- CI-L'J1GE: .[JI D G N D N T .. 'I. • .. t• •• · .CHIPETL 1• i1 • The ap:;:1r-3llr111·:.t1 ,ms convicted by Sir1;__5 ida diotrict court of th.3 offence 6f' :rcf~l;er.y c/ ss 285 and 286 of ·ch·J P·;nal Code and was sex:i.-ccneed to s:0ven yc12,rs iDj_)l"ison;·1cnt under the Minirmm S°E.;ntenc,is Act, 1972 •. He is now a~_-,:)c::.::.linc;. The 1;ros0cu.ticn':s uVic1unce w~s'·.t.ib,~ ~n·--2-fj/l0/76 o.t abm1~, 2.00 a.o. tho con.pl2,im:mt, one Mc~ria1.-:iu l\lun2. (Pv.1) end one Shaban Kindwa (Pw .2) Wl;re · sl-30:;iing in the sane houso. At about that tine- five_ pe-ople broke into the: house. Arnone those intrude~:-s b.o·th -.J?-w~ 1- and Pw .2 recognized ·Ll.1 3 appellm'.!t. The 2.;JiJella.n t h::1.d c.. ·c0nch anci was arr.1ed wi~lih o, knifo. The am;eliant told Pw. f ontl· Pv-f .• _2' hot to raise any ~J.,"1,rrJ or else th0y would be killed. · ·Tho appellant then tied both Pw .1 o.nc Pw .2 against their b,.~ds. He then stood cunrd over then as -:;'.::; other culprits took 2.way the conpl;:i.inant 1 s oillct. The othr:r

culprits went out of tho house with thair loot, but the nj):JC118-nt rorm,incd th8rG cuardinr, then. Lat or, he stnbi}, ,'.l Pw .1 with his knifo on thG leg mid then went out. NGxt norninG a s:.::arch was nounted. Tho search ~1arty f olJ.owcd a trail of !"J.ill:~t which led than to the appollan-'.~' ::.; house. Fron the n:,·.,cllp,nt's house tho trail of nillet led · theo to a distance .. of a.bout 100 yards fron the: a;:-ipellant' :c: house where the senrch p2~rty found 2½ tins of r:lillot. The arpellant was then c.pprehr:mcled. The a:)pellant said nothinG in his defence, ;;::,nd. his ovm witness said nothing th2.t could be said to assist the appellant. The learned resident :o.e1gistrate acce:;_)ted t:.1r:: eihi:.clence of Pw.1 o,nd Pw.2 ~nd found 2..s o, fact that the a:i)~1 oll2.nt wo,s one of the culprits. · I note that the o,_)pellsnt was known to both Pw .1 and Pw.2, 2.ncl the u;:_'elle,n-c a,dnits it. Th3 culprits 1.-Tc~rc;; in the.house fore.. f::drl:y.·,long tii-:-1e. It is the z-,:.'::iollent who, with the aid of the torch lif_;ht, tif.::d up th:; conpl8.in._·_:::t with ropes ::.uid told the t·wo witnesses net to re,is0 any a].,:-,:..~:·:. The appellant rew.z,.ined in the· house when his c ollo2,6uos le ft with the nillet. In support of the evidence of Pw.1 and Pw.2, the 2 trail of_n;i.llet ic;,d to tho :1~~p0Tl::,.nt's house cmd thence to thEJ ·plr::cs· whr:r'e·

so;-:e -:-f thG nillot· 1-r2.s found~- 'Al tno~th an P,CCUS ed :)ors on hss ;no. cluty t (' r>rove his _innoc once, one. would h2.vo expect id tht~ · P..)]_iell2.nt to give sooe expl8.Ilr.>:.tion or to. contradict the accusnti011s levelled ~:gainst hir:l. Ifc did, not do SC~ -. . • ' . '_,_ · In· all the. circuns:ta~:.ces, - ther(;fore, the Pv)l)-Jllc.,,nt' s allegation in his n8Dornnduii of 2.}IJE:P.l thr.t ho ·h2,d quarrelled with Pw .2 over Pw .1 :is .clearly c..n afterthouc,it. JIG should havo raised that point duJ:i ng the tri2,l wl).are he· h;.1,0: t<:11 the -ti.n~r and opportunity .to do so. _ ·, < ' ' Onthesc.;:·grouncls, .- ~ 2-,[;rer:1. with .the lec:1.rned st2,te attorney tl1ctt the conviction T:1ust 1J0 up}?.0ld. -· ........~.- As ·ina.Ic2;t°<)d'·:·_,,bb~,e, tho sentence is the st~·.tu·cory nini.nun. · Deli ve·red in of Auc,t1st, 1977. ;,1, . ,, •.' ' . . .:,,.,.:... :.. ;~

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Penal Code sections 285 and 286

Legislation

Legislation referenced in the available case record.

Minimum Sentences Act, 1972

Legislation

Legislation referenced in the available case record.

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