19930525 TZHC Dodoma
The appellant's guilty plea was unequivocal and valid; the sentence imposed was the statutory minimum required by law.
Source-derived case information.
- Citation
- 19930525 TZHC Dodoma
- Parties
- Appellant: Shida Hussein; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 May 1993
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Burglary, Theft, Plea of Guilty, Sentencing
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shida Hussein
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Validity of guilty plea
- 2 Appropriateness of sentence
Ratio Decidendi
The appellant's guilty plea was unequivocal and valid; the sentence imposed was the statutory minimum required by law.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed
- Conviction and sentence affirmed
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA ,, AT DODOMA APPELLATE JURISDICTION . (PC) CRIMINAL APPEAL NO 14 OF 1993 (FROM THE DECISION OF T'tlE DISTTU:CT COURT CF M.ANYONI AT MANYONI IN CRIMINAI.. APPEAL lii0 .. 36 OF 1992 BEFORE N. P. Z. CHOC,HA Esq, , RESDENT MAGISTRATE oaIGINAL CRIMI:NAL .QASE NO.a Z1 OF i99,2 OF MGANDU PRI1'1ARY-~OURT AT MANYONI) SHI:OA HUSSEIN APPELLANT versus THE REPUBLIC. , • , • , •• , • • • , ••• , • , • • • RESPO:tl.tDENT JUDGMENT a a w MWALUSANYA 2 J .J The appellant Shida d/• Hussein was convi~ted ·81 her ~wn plea of guilty f?r two offences 8f burglary e/s 294(1) of the P~nal .. o.d.e Cap. 16 and theft c/s 265 of the Penal ~de, by the Ivigandu Primary Court in Manyoni District. She was sentenced to three years impri-:- sonment on the first count and six mcjnths imprisonment on the second . ' ceunt i The sentences were· t>rderecL t& run concurrently, · J; .~ Her first appeal to :r-Ianyoni Dlstriot Court wie dismissed, ' The complainant at thg t:rial Miss, Sofia d/• Mosea e~plained· that her house was burgled on the night of 28/6/1992 and that among the items stolen were her khanga~ a bed-sheet and a skirt. While on' the search on 25/8/1992 the appellant was found in pessessien ef the stolen property namely the bed-sheet, khanga and the skirt which wer~ displayed in court. When asked the appellant is reeorded t~ r.~.v0 t~ld. the trial court that IAll what tr., complainci,nt has stated is t.::u2. · It i3 eorrect that I vtas found wi ,;h the stolen clothes'. Tht.rell:)On t 1c ~onvicti~n .toilewed. 1 Like 'L:ie first appellaie bo~t' I find that the plea Of guilty ,-:i,s ·.-:.::1.ec;i.:: w,t~l. There is no ar.1biguit;r tt..a.t she confessed to the ~rfence • . .•·· ••• /2 . C: 2 The contention that she did not appreciate the consequences of her pleading guilty to the offence, is not relevant here. Nor is it relevant that she has just given birth to a child. What is important is that the pleaded guilty to the offence in no unequivocal terms. The complaint raised an appeal is unfounded. The sentence imposed was the minimum under the law. In the even; the appeal i&.dismis.»d• ~d.9r acoordingly• · _\ J • L~ M11ALUSilNYA JUDGE 25/5/93 Court: Judgment delivered in chambers in the presence of the State Attorney Mr, Ndungu.ru.. J .L. I1NALU8AlITA JU])GE 25/5/93