19711015 TZHC Arusha

1dP/ 7' Ai\ I IN THE HIffil COURT OF TANZANIA AT ARUSHJ AI?ELLATE JIJRISDICTION CRIMINAL RAPPEAL NO. 140 OF 1971 OIOlNAL CRIMINAL CASE NO. 125 OF 1970 OF THE

DISTRICT COURT OF LRUSA DISTRICT AT ARUSHA 13sf ore C0. Mtenga, E4sç., Resident Magistrate HAANs/orIOHAE1) ,.....,....,,,•,,•,,,•,,• APPILLANP/AcicUSEDNo. 1 versus ttTt ttfl1 4flajrUWk 'tI'I PROSECUTOR Tfl LLeJL1iLJiL CHARGE: $tea]in contrary to aeotion 265 of the Penal Code Cap.

16. J U P. 0 X J N P . RALE, 3. -. In this case the appellant was convicted of stealing a motor vehicle on the 22nd January, 1970 and sentenced to..ftive years imprisonment. This ic an appeal against conviction and sertenoe. The pros•eoutionftU case was that a motor vehiole ARC 558 was stolen and was later fund with its battery missing. The appellant offered a battery for sale and a report was made to the polios who set a trap and two police officers heard the appellant bargaining for the sale at the house of a witnesø 1 PW 5, where he had left it; the battery was identified as coming from the stolen oar. The appellant denied that he had anything to do with the battery. He alleged that he had a quarrel with PW 5; that he went to his hOUSS on being told that he was wanted there and the police beat him and tried to force dm to admit that the battery was his. The person who was supposed to have given htm a message from PW 5 gave evidence but was not questioned on the point. The trial magistrate found as a fact that the appellant was attempting to sell the battery and that it came from the stolen oar. The evidence supports these conclusions and I can see no grounds for interfering.. He XZ drew the inference that as a result tne ppellant must have atolen the oar. I do not think that this was the only inference that could be drawn. The facts of the case are more consistent with reoI

the battery knowing It to be uniawfully obtained. As a result I will quash the conviction for stealing the motor oar and substitute a conviction for receiving the battery. The sentence of 5 years imprison- ment was illegal as the court could impose a maximum sentence of 3 years only. I will set aslue the sentence and sabstitute a sentence of 18 months impriucnment. Delivered in Court at Aru.sba the 2nd day of July, 1971 (c .2. BRMiBLE) JU.DL jsm. xm COTIRT o A1iLATE $URISDXCTION ORIMIJJAL RAPPEAL NO. 140 OF 1971 ORIGINAL C1WIIAL CASE No. 125 0' 1970 0 TFM DISTRICT COURT OP RUA bISTRICT AT ARUSI{ ef ore C.. Mtena, Re,ident Xagietrate ,.,..••,•,,••,••,•••,••••, Amiz aTlAccuum N0. I Versus YM RJPUBLIC . .... . . I... • •, .... IE5PONDflT PR0$CTJT0R CUJiRG: Stealing contrary to section 265 of the Peie1 Code øap.

16. JUD.MJNr BRABL1, J. Th this oae the appellant wee 'bonvicted of atealins a motor vehicle on the 22nd January, 1970 and aentnced to 4ive years imprisonment. This in en appeal against conviction and aentcnoe. The pros eauti onth case was that a motor vehiele AIC 558 was stolen abd was 1atr fotmd with its battery mieain. The appellant offerad a battery for sale and a report was made to the police who set a trap and two police officers heard the appellant bargaining for the sale at the house of a witness PW 5, wherb hc,, had left it; the battery was identified as coming from the stolen car. The appellant denied that he had anything to do with the battery. Re a11oed that he had a quarrel wit'. PN 5; that he went to his house on being told that he was wanted there and the police beat him and tried to force him to admit that the battery was his. The person who was supposed to have given him a mecsae from PW 5 save evidenOc but was not questioned on the point. The trial magistrate found as a fact that the appellant was attempting 'to e1l the battery and that it came from the sto1n car. The evidonce supports those conclusions and I can see no grounds for interfering. He KZ draw the inference that as a result tne ppeulant must have stolen the car. I do not think that this wad the only inference that cøtild be drawn. The facts of the ee are more consistent th reoin; the battery

knowing it to be unlawfully obtained. As a result I will quash the conviction for stealing the motor oar and substitute a aonviction for receivi -nr, the batteDy. The sentence of 5 years Imprison- ment was il1ea1 ac the ceurt could impose a maximum sentence of 3 years only. I will set esie the sentence end substitute a sentence of 18 months impr.ie oninent. Delivered in Court at Aruehs the 2nd thy of 'uly., 19711, (cs, I4BL) $ tLD c j em - H C. ZN rai 1110VI cotm :i 174M4LA tU;A '-AW JLCIXOU CLLfltAL A2AL NO. 143 0JP 1911 0I011(*t CRIVINAL OA1 NO. 37 OP 1971 OP DiE I)TOT-iUCT COM' Q' Trr,440A Mlrs,1213T H ThEA Beora LA, Upaa, DUtrot Xagistrato JM V2'UU TH11 PJn3uc CAROz 1. in*ptMg *ff the train while in notion contery to *ectan 70 (g) of the Railways Gopoetton Act. 26 Asaaalting a Police Officer in aae execution of his duty contrary to aection 243 (b) of the Penal Code. S.ID 34fltiMA, M. 3. - ¶i%t4 appeilent wwe eeen -drqp ping from trein Alch was atill tioz. The cømpliin&it, a police officer, epprocheA Mi to quaution hL. The acoied heoaee violent and abwiv,. IIe fiorcel re&iete& iben Th* 3Mpl*intAt oujht to arreet hie. The learned triel ;.egietratc who aew the complainant giving evtenOø boliev..d hii, There is nothing to render the comp1blusnVa evidence doubtful. There were some .vitneeees who e*w the appelleni eeeaultin the copleinnnt who euetained avas iAjdries in the

prooeee, in hig Petition the pelient çuarreli with the cool atone of the triel øourt. Such oonolueiotn3 are tully *upported by the eplethante ev4enoe, once he in be1tvd. The appe11 44 410 0 conirictien in fulLy Jw%ttie4 by the evionce on reood. The t'iei court iepeeod a cuetlative ietonce ef 12 eenths wMCh in wanifeatly, excew ve# although he wee net a firt off*cr. The fine hich wee iosed on his ought to have been ipoaei efter inutring into his meant. Accordingly te sentence is aet seine in respect of each count. The appellant is sentenced to three Montho on the fire't ccnt and seven months on the secouL* tentenees are to be served concrent1y. :15/10/71 (Ln.A. iii) Jos