19731030 TZHC Mwanza3

000,000 IN TilE HIGH COURT OF TANZANIA AT MWiUZA Appollate Jurisdiction Criminal Appeal No: 356 of 1972 Original Criminal Case No: 109 of 1972 of the District Court of North Mara District at Tarime Be:tdre: A. G. G. Korosso, Esq., Resident Magistrate. i Nanira Mwita • ....... . . ... . .. ....... Appellant 4 (Original Accused) • The Republic ....jq74......Respondent iginal Prosecutor) I L --- ,• JUDGMENT • .:.. MFALILA, AG..J. - The appellant was originally charged with • two counts of burgiary contrary to Section 294( 1 ) and stealing contrary to Section 265 of the Penal Code. At the close of the case, the learned trial Magistrate held in his judgment that the prosecutiofl .di& not prove the charge of burglary and by implication stealing but found that the items with which he was found, had been sufficiently identified by the complainant to be the items stolen from her room which was burgled previously, and that therefore the appellant was guilty of receiving stolen property contrary to Sebtiorr311(l) of the Penal Code. He sentenced him to Five years imprisonment. It is difficult to find fault with the conclusions of the learned trial Magistrate. He accepted the evidence that the items. found with the appellant had been stolen from the c'omplainant's room, he rejected the apiellant's clüms over these items. He further found that the prosecution hadnot ngatived the appellant's clàirn that at the time of the alleged robbery he was in prison, and that therefore the appellant could not have been the burglar and thief, but held that in the circumstances he was a guilty receiver 1 These are perfectly justifiable conclusions. With regard to sentence, the learned trial Magistrate found that as the appellant had a previous conviction for a scheduled offence, the provisions of S.5(a) of the Minimum Sentences Act applied. He therefore imposed the Minimum Sentence under that Section. Indeed the appellant had one such previous conviction dated 20th June, 1972. In the result the senteice was perfectly justifiedand in order. Therefore without taking up any more timel dismiss the appeal in its entirety. Delivered in Court at MiJanza this 30th day of October, 1973. MWANZA 30TH OCTOBER, 197.3 L.MIA AG JUDGE, • . . * • '• -