William Nhyama vs Republic (High Court Criminal Appeal No. 367 of 1972) [1973] TZHC 168 (11 April 1973)

IN THF HIGH COURT OF ThNZANIA T lvi NZAJ % j b A2LA' JURISDICTION HIGH COURT CRIMINAL APhL NO. 367 OF 1972. (original Criminal Case No. 84 of 1972 of the Ditrict Court of Nzega District C at Nzega,— Before M. J. Lungombe B's District Magistrate). WILLIAM N±ffA1JIA. . . ,, ,..•, . . . . . . . . . . . . . . . . . . . . . . . . . APP LLANT (Origihal Accused) versus T H ' REPUBLIC.. .........,.,• ,............ . . . , . , . . RPONDNT (Original Prosecutor) CHARGE; 1st Count :: Breaking into a store with intent tocommit a felony c/ss 296 (i) and 265 of the Feral Cod 2nd Count: Corrunt transaction c/s 3(2) and 4) of At of 1971'. .UJDGNFNP Patel., J. Jlm,oi1nt is convicted of 'Br.?aking into a store and stealing' and 'Corrupt transaction with anagent. l He now ar7aa1s against conviction. In his memorandum of aeal he says h was. wrongly convictd as the evidence against him was fall of contradictions nd unreliable. Learned State attorney said Renublic did not w-iort conviction for both offences and a".nellait was wrongly. convictod, Going through the record itis clear that there are very much unsatisfactox7 as'-ects which makes this conviction wro.g 'vjdence is oatradictory on im-ortant issues and P.1 is absolutely nre1i3ble wItnse. From evidence as is on 1 aôord it o.hnot be said nrosacution '-roved the case beyond reasonable doubts and it woal'd..he most unsafe to allow the conviction to s tend. For those reasons this anneal is allowed. Conviction on both cou.ntsi5 ashad ehdsortence so - aside. It is ordered that a.nnellant be st free forthwith unless o'thorwise legally ho1d Mwanza. (3. B ate1) 9th A1ri1, 2973. 3UDc. De1ivere1 in court on the 11th day Of i.rri1, 1973 in the rresnco of Mr. Ralum. Mwanza, (3. B.) Patel). 11th Anril, 1973- . JUDG'.