Mgosi s/o Mwita vs Republic (High Court Criminal Appeal No 107 of 2000) [2000] TZHC 373 (3 November 2000)

1N THE HIGH COURT OF TANZNIA AT MW iNZA AIPELLATE .JURLiJICTIO1\T HIGH COURT CRIMINPI AFPEiL NO 0 107 OF 2000 (Original Criminal Case 1' ,- Io0 6 of 1996 of the DIstrict Court of Bunda District at Bunda 0 Before: A. agafu, (Nrs 0 ) PDM MGOSIS/ONWIT 0000OOOO000O O OOQ OJ..PPELLANT (Original I:ccused) VERSUS THE RUBLIC Q00000O0000O000 0OOWO0 RESFONDEMT (Original Prosecutor) J U D G P4 H N T MROSO DG1 O The.appellant was a, suspect in a complaint which was made to the police at Bunda0 Two policemen PWI and FW3 were instructed to go to his home to arrest him because information had been received that he was then at home 0 When the policemen reached the home of the appellant it was said in evidence that he got on a bicycle and started to ride away, trying to escape from the rolica. The iolice whistled and chased him 0 The public which dncluded PW2 - Joseph Chacha responded and helped to chase him until he was arrested 0 He had a, bag with him and when it was searched four shotgun bullets were found therein 0 He was subsequently prosecuted and convicted for unlawful possession of ammunition 0 He was sentenced to imprisonmentifor 15 (fifteen) years0 Aggrieved by the conviction and sentence., he has appealed to this couft0 At the trial the evidence of the policemen P.C. Johaness (FWI) and P.C. Reverine (Fw) was supported by that of a villager Joseph Chacha (FW2) to the effect th a t the appellant was trying to flee from the police but was

chased and arrested0 Joscph Chacha conlirired that ',then the appellant!s hag si . se'rchc.c four bullets and a short home-made gun were found in it The appellant explained that ho was arrested for no apparent reason after he came from hospital where he had been taken for treatment after he was assaulted by a person using a stone0 He had no rounds of axamunibion with him but found himself being prosecuted for the offence charged 0 In his petition of appeal he talks of being convicted fr robbery with violence 0 Of course, the appellant was neither prosecuted nor convicted for i'obbery with violence as he claims 0 As for the conviction for the offence charged against him,. there was ample credible evidence that he was foind in possession of our rounds of shot gun bullets 0 He made no attempt to show lawful possession and the trial court inevitably found him guilty as charged and convicted him accordingly 0 I therefore find no merit in the appellants complaint against conviction 0 I, however, agree with both the appellant the learned Attorney for the respondent 1epublic tha.t Principal State the trial court erred in sentencing the appellant to 15 years imprisonment 0 The ammunition were for a civilian firearm 0 The Minimum Sentences Act, 1 972 9 as amended by Act No010 of 1989 provides for a, maximum sentence of sr-ven years inrisonment for that of oence 0 I therefore dismiss the .appeal against conviction and partly allow the appeal against sentence by quashing the sentence of 15 years imprisonment and substitute thereof a sentence of

3 - five years imprisonment0 It is so ordered0 MIO3O • JUDGE H. ..... At Nwanza .. . 3/11/2000 .. .. .. ., ..-.. .. Appe11t present in person 0 Mr 0 Rwabuhanga.,