Joseph Sanga vs Republic (HC Criminal Appeal No. 30/1999) [2000] TZHC 469 (21 September 2000)

-;!j . - ' ,:. MACKAl'fJA 1 . . J. . . . . AT SONGEA (DC) H/COUif.l: CRIMINAL APPEAL NO. 30/1999 (ORIGINAL CHIMii\AL CASE NO. 115 OF 1998 OF THE D/COURT OF MUFINDI DISTRIC'r AT MUFINDI) Before~ B.Jo Muhelela, Esq. District Magistrate JOSEPH SANGA •••••••••••••••• APPELLANT Verms: THE REPUBLIC oeooOoetooooooooe RF.SPONDENT J U D G M E N T ------- Joseph Sanga was convicted of armed robbery c/s 285 and 286 of the Penal Code. He was, as a resiμt, sentenced to the statutory minimum . thirty years imprisonment. He is also to undergo twelve strokes of the cane. Having been aggrieved by the conviction, sentence and a restitution order, he filed this appeal. It is my considered view, however, that the appeal is not properly before the Court, In order that an appeal becomes tena.ble the appellant must comply with the mandatory provisions of section ,361 of the Criminal Procedure Act, It provides thus:- 11 No appeal from any•••• finding, sentence or order••••••• shall be entertained unless the appellant. (a) shall have given nc:tice of his intention to a.ppeal within ten days from the date of the findings, sentence or order • •·• o.• "• I have scurried through the record but nowhere does any notice of intention to appeal be found. All there is is a saving gramme· which trans- mitted the appellant 9 s petition of appeal from Iringa Prison to this Court • .. . . As it is quite clear in the language of section 361 (a) of the CPA, an appeal cannot be maintainable unless the appellant 11 u • ., shall have given notice of his intention to appeal within ten days from the date of the findings, sentence or or·q-er. •• •• n., 2

Faj.lure to comply with the 9e provisions ha,s rendered - ie appeal in-curably Accordingly, and by reason of th.e rendition of the fatal omission, the apeal is entirely untenable. It is dismissed in its entirety. In consequence thereof the conviction, sentence ~d-order of the trial Court are Upheld. Delivered. Absen.t: For .'i.ppellant Mr. Manyanda, State ii.ttorney: For Republic. I certify that this is a true ~opy of the Otiginal1 DISTRICT REGIS'rRJill. I· ·,. ";~~.,..,, ~~--- ~ ..