19741022 TZHC Mwanza

IN THE HIGH COURT OP TANZANIA

AT MVIANZA APITItLAT JURISDICTION HIGh COURT CRIHINAL APALNO. 257 OP 1974 ORIGINAL.CfiILiINAL CASE NO. 566 ..... OP 1973 OP TI-LS.DISTRICT COURT OP TARD/IE DISTRICT AT,. .O...QTARL BEFORE .N. H. BIDEBERI Esq. ,.... • DISTRICT MAGISTRATE NILFRED JOSEPH. • .. . * 60 .O•000.. •. • •• •.•••• ...... • . . APPEEJLLITT -. (Original Accused) 1TerE$us trnjr' T (' LU str.. (Original Prosecutor) -OoO- CHARGE: Stealiig from the person of another c/s 29 of the Penal Code Cap • 16 V. oL 1 of the Laws.

JU D G H H N T I!IAGAN GI, Ag • In admitting this appeal the ac]n±ttirig Judge minuted:- * uTh er o is no merit in the appeal against con- viction, but I do not think sufficient efforts were made to verify the accused' s assertion that he is a school boy and also his backgxound. Con- sidering his age, and also that he is a first offender, some inquiries should have been made roga±ding his ante onus before imposing a prison term. Therefore issue an order fer the accused to be produced in this Court on 15/7/74 for re-con- sidering his sentence. Also inform the Probation Officer that his views will be sought.' Indeed the appeal against ocnviction has no merit. The appellant was convicted of stealing from the person of another contrary to sec- tion 269 of the Penal Code and sentenced to ten (10) months' imprison- ment. He was caught red handed with the money and cash sole receipts which ware stolen fran the person of the complainant as he boarded the bus • The appellent contended that he was a schoolboy at Lake Secondary School and that the money was given to hiu by his father as part of school foes. He stated that he was on his way from Musoma to Tame to see his andfathor from when he hoped to raise further funds. Despite being taken to Musoma and Tarine to point out his father and his grandfather respectively he failed to (10 so. On the / S • •/ 2. 9 -2- evidence before tho court

his conviction is fully supported. At his triaJ. thoap pollont gays his ago as 1 7 years while the trial usqistrato cane to a finding that he was aroul about 18 years. At the hesiing of this appeca the probation officer infomed the Court that his inquiries at the Lko SOCU-IdaTy School revealed that the appel- lant has never been a student of the choo1 and the appellant himself confirmed this to h-tm. Hc also informed the Court that the appellant had only one month to serve before conpletinq the sentence. As the trid magistrate considered the antecedents of the appellant before iuposinr the seIii;ence and since the appellant WOO at the time of his conviction aged' oor 16 cars I find no reason to'intcrfe:ao with the sentence which woo .Lnposod This appm'l is. therefore dia:siesed in its ertirety. Delivered ttTii522fld day of October, 1974' \, 4gJUDGE Shciidi for the Ihepublic. - Appellant absoni - unropresonted