Abdalah Hassani Mashanga vs Republic (HC Criminal Appeal No. 85/1999) [2000] TZHC 487 (19 October 2000)

AT IRINGA HIGH COURT CRIMINAL APPEAL N0 .. 85/1999 ORIGINAL SONGEAD/COURT ORoCASE NO. 142/98 Before: SoS6SoBo Mwelupungwi,Esq. SRM ABDALAH BASSANI MASEANGA ooo&•a APPELLANT Versus: THE REPUBLIC o o o .. o o .. o o • o. o .. a.... RESPONDENT JUDGMENT MACKANJA 1 J. The appellant, in various combinations with five other -~ accused persons, stood trial on a charge of store breaking and stealing contrary to section 296 (1) of the Penal Code. Several others were tried on two counts of receiving stolen property c/s 311 (1) of the Penal Code;-. The- a_"ppellant ·was,, c,onvicted of store breaking which was_ charged in the first, count. He has appealed . . ' against ·both-conviction and sentence.· " Now in order an appeal from any finding, sentence or order to entertained by this Court the provisions of-section ~61 (1) of the Criminal Procedure Code must be complied with. That piece of legislation provides that no appeal shall be entertained unless the

appellant shall have given notice of his intention to appeal within : ., r···t •. T • r . tlndaysfrom,the date of such finding, sentence or order. Since . in the instant ca:se the appellant was convicted 1 and .was sentenced on c3lst March,::J.:999, he had .ten days; excluding·: that• day, within ltthicfi ;to do :so~~r By simple computation he had·to give notice of .. his

• . intention tolappear between 1st and 10th April; 1999. ··nedid·not . de !.so,' .. instead he gave it .on 12th April, 1999, .. two··days out of time. As ':cthe ·provis'ions relating to· notice of, intention· ,to appeal .are· mandatory, ··it matters· not that the appeal was filed only two days out of time· 1 - .

.. 2 He had, before instituted his appeal, to apply for extention of time in order for the Court to be able to entertain it within the legal framework provided for under section 361 (1) aforementioned .. In the circumstances the appeal is dismissed in its entirety, The conviction and sentence the sentence are upheld. J.Mo Mackanja, 19/10/2000 Absent: Appellant (at his own option) . . . Mr. Manyanda, S.Ao For Republic. . ~ . .• ' ' J .. I certify that this is a t~ue copy of the original. M / i _/' / ;.·; .. :): :() . ... - -- .r-i .; ·-1- S "Ka Lila, DISTRICT REGISTRAR,