197203na TZHC Dar es salaam

77 %-~1" IXTRBB HIGH COURT (W TANZP1'IA ._*__ APPETJTE.-JURD3DICTION - - RILH OU flA4WTQ 3 0 R1 IGflTAL CRIMILI& CJZL LIG.:OF (Of the District Court of Songea District at Songea., l3efom: L.J. d. Qhta, Eci.,. heidont ?.iagietrate). ZAKAflIAS/OKLi4I3AiALA ...,,,.....•....,..... APPELLANT (Origini1 .Accusea) VeOUE3 THE RPUILIC •, . .. •• •• ,, •••,• • •, ,•.,,, .. REPONDEi,P1' (Original Prosemtor) U D G M E N P ' MVASENDO, AG. J. The two acCueed persons wore : charged and convicted of shop-breaking •znd robbery with violence c/s 296(1) and 286 of thG Poa1 Code, Each accused was subsequently entencsd to 3J ycaret imprisoniont on the second count and 3 years imprisonment on the first count. Sentences were to be concurrent and were to carry with it the usual statutory twenty four strokes of corporal punisb mont, Only the 1st accused has appealed against conviction and sentence. On going through the evidence adduced'in the case, I cannot see that there is the slightest doubt as to the guilt of the, 4re appellant4. The learned Resident Magistrate has in a clear and fair suation of the facts found that the t-appel1ant together with other persons who apparently could not be lraced and brought to justice, jointly broke into complainantts shop, one Leonard Anthony (Pi.i) and using personal violence to Anthony and his wife robbed them of money and one wrist P.oamer watch ortb she, 120/. Anthony clearly identified the two 4s abeirg in the group of persons who broke into his shop and who viciously attac1od him and his wife on the night of 3rd January 1971, In carrying out their crime the accused are said to have used a hammer, an iron bar and other malevolent weapons, including a gun, which it appears the &qpe l laaats and their coufoderate shot in the air to threaten the complainant and his wife into subemission. According to the mediosi examination report s Anthony suffered erie cat wound on the skull, measuring .1 inh long by 4 Inch wide by 1/8 inch deep. io had to stay in hospital for eight days receiving treatment. His wife, .Adolofjna die Gervasi, suffered two wounds one 5 cm and the other 2 cm, both located on the head. These wounds are said to have been caused by a hammer, The Identification of the by the complainant Anthony is corroborated in every detail by his brother Xasian Anthony (PW,4) who came to the rescue of his brother. For my part I have no doubt whatsoever as to the correctness of the identity of the accused person and in the circumstances I fInd no substance in appellant' s complaints against his conviction. Me appeal on this ground must therefore fail. In passing sentenceg on the two accused persons the learned Resident Magistrate rightly felt that the facts of the case justified the imposition of a heavy sentence. But, I do not think the sentence imposed reflects in any way the gravity of the offonees oorritted by the two accused persons. liobbery with violence is admittedly a grave offence .. ./2 2 for which very severe centanoes are celled for. The accused in this case used great force in carrying out their crime and it was their good fortune that none of their victims was killed. Furthermore both accurod are hard—core criminals having a string of previous convictions for which they have served short prison terms. It is to be hoped that a lougex term in prison, might brine home to the accused that crime does not pay. I will c rdingly erthanee the sentence imposed on appellant, Zakaria do Alois 4bawala, to one of ten ycars' imprisonment to be verved concurrently with that of three years on the 1st Coimt. As for the second. accused Cletusi s/c Hirary PcmcIa, before this Court on proceed to enhance his sentence, be is given an opportunity to show reasons why sentence should not be 'enhanced in the manner indicated in this judgernent. Delivered in Court at Day cc Saiaam, this day of March, 1972. (Y.LL iwakasendc) AC;TING JUDGB -