19730315 TZHC Arusha

49—T IF THE HICH COUJT OF TANZJIA. AT ARU SI-IA APPELLATE JtLiICLLCTI0N HIH COURT CRPI] AL APPEAL ND. 247/72 ORIGINAL CI1IMII'AL CASE Nb. 2 220/71 of the District Court of Tanga District at Tanga Before B. D. Chipeta, Resident Magistrate RLMADHANI s/o MIGI •. • • • • . •.•. .. . . . . kP±ELLANT

VERSUS THE REPUBLIC . . . . . ....................... .. . .xL IDEbT CHARGE: Stealing by Agent 273(b) and 265 of bbe Penal Code. t Bramble, J. Jul D G~7.11YIIL'I This appeal care on for hearin on the 10th Ncveober, 1972 and the appeal against conviction was disoissed This rourti however', remitted the case to the trial magistrate to consider whether there were any speci1 circumstances since the value of the goods the appellant was convicted of stealing fror a public 'bcdi was under lOO/=. I can only interpret the direction of the court as referring to the provisions of section 6 of the Minimum Sentence Act where for a first conviction the court may proceed as if the Act had not been enacted if the goods involved valued less than ioo/=. The trial magistrate did 'not conider this section of the Act. He has now found that the appellant was a first officer and the guods valued under hs loO/=. He says that he has found special circumstances and I take it to mean that he would not in these circumstances apply the Act. I will accordingly set aside the sentence )f three years imprisonment and substitute such sen'tenc as would resuTt in the appellant ' s immeiate relcase sine he has already served about eight rnont:is imprisonment0 Delivered in Coit at Arusha the 15th day of 1, 11arch 9 1973. I' /cwm ' (C. E. RAMlLE)

JU DE De Souza, State A..:orney, for thc Republic Appellant ab sent and urepresented.