N

IN ThE HIGH CO1YRT CF PANZ.LN4;.

AT MWANZA

APPELLATE JURISDICTICN (Tabcra Registry) (nc) CRIMINAL LPPEAL NC. 152 OF 1976 ORIGINAL CRIMINAL CASE NO. 371 of 1976 OF THE DISTRICT COURT OF SiINYLIrGA DISTRICT AT SHINYI.NGA - Before. .G.O. Najeri, R.'. PETER WANBUNGU ... ....................... APPELLANT versus THE REPUBLIC .......................... RESPONDENT CHARGE: Stealing contrary to Section 265 of the Penal Cdo.

J U D G N E N T MAPI41NO, J: The accused was convicted of stealing petrol worth Shs.6G/= contrary to Section 265 of the Penal Code and sentenced toa fine of Shs. 7001= failing th&t to servo. nine months imprisonment. He has appealed from that decision. I am satisfied that the appeal against the conviction has no oerito In the final analysis the matter depended on the credibility of the witnesses and I see no reason to differ with learned trial magistrate on that point. The sentence of Shs.70 0 /= fine cannot be said to be sevcrea On the contrary, it seems to me th.t it was qiie lenient. The only error which the learned magistrate committed, most probably through oversight, is with regard to th_ term of imprisonment he imposed in the event of non_payrent of the fine, and this was the only reason for the adriscin of this appeal. It is obvious that this contravened the provision of Section 29 (iv) of the Penal Code. Under that provision the term of imprisonment a ccurt can order in respect of the non-payment of a Shs.7 0 0= fine is a term not exceeding six months. Iwill therefore alter.tho sentence tc road Shs.700/= fine or, on default, three months imprisonment -'nd iitn that dismiss the appea1 1 t is ordered accordingly. L. . -