Fanuel s/o Elifariji vs Republic (HC Criminal Appeal No. 450 of 1972) [1973] TZHC 155 (2 April 1973)

II THE HIGH COURT OF TANZANIA AT ARUSHA APPELL1TE JURISDICTION HIGH COURT CRIMINAL APPEAL No 450 OF 1972 Original Criminal Case No. 407. of 1972 of the District Court of Pare District at Same Before C. H Msamati, Seq., D.M. FANUEL s/oE1IFARIJI...............o........... APPELLANT versus mu DTDrmTT 'J r' - .LtJ.JL I.. S S • S S • S S • • • S S S S I S • I • • • S 5 S S S • S RESPONDENT CHARGE: Robbery with violence c/s 285 & 286 of the Penal Cod.e. JUDGEIVIENT I * at S PATEL, J. Appellant is convicted of fiobb?ry with Violence' an is.sentenced. to seven years imprisonment. He now appeals agaIhst conv1tioaiid sentence. In his memorundum of appeal he states that evidence was not sufficient to convict him and prosecution did not establish all ingredients necessary to prove conclisively the offence of robbery with violence. Learned State Attorney said conviction was correct and sentence is in terms of Sub—section 3 of section 6 of the Minimum'Seence'Act.

• I have gone through the record carefully and'am ofhe view that trial magistrate tried the case with care and has dealt with all issues bef,f/ore him.Evidence is overwhelming to prove and establish the guilt of the appellant for the offence with which he was convicted. 4ppe11ant's identity was correctly and satisfactorily established. I'panseenthing in trial magistrate's reasoning, arguments and conclusions. There is nothing in record, judgement or memorunduxn of appeal that will make me reverse lower court's finding. Sentence isnoall excessive and is in accordance with provisions of sub—section 3 of section 6 of the Minimum Sentence Act. For these reasons this appeal fails and is dismissed in its entirety. / 2nd April, 1973- J. B. Patel JUDGE 611