Laarakwa Leyani vs Republic (Criminal Appeal No. 45 of 1978) [1978] TZHC 344 (1 January 1978)

I TiE HIGH COURT OP TiLTZ.LE11. T 1US-i CRIHII'TAL AITE!L NO. 45 OF 1978 CRIGINAL CRIPTINAL A?i2L NC .29/1977 CF TilE DISTRICT COURT OF ilCiDU1I

.LAiI?JJCL. LEYANI .........,.........,... AITELLANT Versus THE RE? T JILIC ...................... .... RESPONDENT J U D G N E N T CHUA, J. In the Primary Court of Nananga the appellant was charged with cattle theft but was found guilty of attempted theft. He was sontenced. to 5 years icierisonuont un.der the Hinmun Sentences Act. His appeal to the District Court IJonduli having boon unsuccessful he now appoals to this court. The facts of the case were siieilo. On the 24/4/77 at about 1.30 p.m. the complainant Wilson Stephen (flu) was looking after goats and sheep. He was alone.: Suddeily he saw the accusod and his friend grabbing a goat and a sheep wanting to tako then away. He cried out for help. The accused and his friend released the animals and ran away. A nan hunt was mounted by Stephen Lesinga (1- 1i h2) and Mala Kispan (r\73). The accused and his friend were found in the bush but nanaed to escape. A report was sent to the police and on the following day the appellant was apprehended. At the trial the accused made a sworn statement which in a nutshel•1 anounted to saying that he was not the person who grabbed the animals of the complainant. This argument did not satisfy the trial court which cane to the con.clusion that he had been iroperly identified sinco he was known to the complainant and the incidence took place in broad day light. In his memorandum of appeal the appellant raises the sane qiestion. I nza however, satisfied that the evidence on record justifies the findings of both courts below. I without hesitation find no subtanco in this appeal and without any further r'Th disnis. it eitirely. LC/vJ L..R. CHii.... JUDGE