N

rZ)1L IN THE HIGH CCURT OF ThNZANIA

AT TABORA

APPELLATE JURISDICTION (Tabora Registry) CRIMINAL APPEAL NC. 28 OF 1979 ORIGINAL CBIMINiL CASE NO. 106 OF 1979

OF THE DISTRICT CCURT OF TABORA DISTRICT AT TAB OR! Before. R. B. Siwa, Esq., District Magistrate. RASHIDI ALLY . ... . . . . . . . . . APPELLANT versus THE REPUBLIC . . . . .......... . 0 • • • RESPONDENT {hRG: Stealing by Agent c/s 273(b) of the renal CQde

JUDGNNT MAP jJTQ.J This is an appeal ahainst sentence. The learned State Attorney is at one with the appellant that the sentence was excessive and that it should be reduced. The appellant was convicted of stealing by agent undex section 273 (b) of the Lena1 Code, upon his plea of guilty to the charge. The subject matter was a bicycle. The charc 8tatri that it had been entrusted to him by one Seuf Mohanied, for him to retain in safe custody, and that instead he proceeded to pledge The value of the bicycle was set at Shs.200/, e was Liven a term of,imprtson,nnt for eighteen month., subject to confirmation by this cirt. That was on 12/2/79. The appeal is based on the grounds that he was a first offenror and thrt the value of the thing was little. The learned State Attorney, as observed, areed with that view and further expressed the We opinion that a long sentence, as the one imposed, was hardly likely to serve any useful purpose. I entirely agree with those views. I would only observe that the bicycle was in fact recovered by the owner apparently without any difficulty, and that though the appellant's conduct amounted to the offence in law, it was hardly wicked as such. I will reduce the sentence to such a term as will result into his immediate' discharge from custody. It is ordered accordingly. Pronounced in Court. Mr. Patel for the Appellant. Mr. Sengwaji for the Republic. C . Tebore, D. P. MjPIGiPTO, - - TTTrrJ.