Ambindwile Taulo Mbuba vs Republic (Criminal Appeal No. 23 of 2000) [2000] TZHC 262 (30 June 2000)

• C. li'c i.i ItLGn CjURJ. OF IdA AT HBL?A CPLINAL APPEAL N0 23 Of 2000 (Froni Chunra District Court Criminal Case No.. 1+6 of 1999 Before:. N.M. Kaserero'L. senior D/Xagistrate) ANBINDWILE TAULO IIBUBA ........... APPELLANT Versus THEPEPUBLIC a. oow.o , aa0 00 . , : PESPONDENT JUDGMENT r()CJfl T . ' . . '' •'. . The ditrict,.court of Chuny.a. cpnvi.cted the appllt., . Ambindwile Taulo Mbuba,...of., e.2ng .by ..Person .emp1oye. Pub]4c 6ervice 1 . ,.? Ontrary to sections 270 and 265 of. the Penal Code, consequent. upon his, own plea of guilty, and sentenced him to five years imprisonment under the . Minirnum 'Sentences Act 1 97 2 . His contatioiin this appeal is that he did not plead guilty to the charge. The lea édtatè atthrney who' apeared befoie me, Mr. Boniface, submitted that the Plea of ié ppeliátt ws unequiVocal. "BUt L t'he 3e'arnea attor. did. not, approve"b'f the 6cdu..re"ãop6ed b'the tri.i'thaIstate in 'êOordin'the plea of g'uilty. 'He ciáimed the'âppëilant was 'iiot'mad'e'to'pleadtO the charge before full statement' of facts, was taken. The appellant was a Village aecutive Officer employed by Chunya District Council, He was given three receipt books for revenue collection. They were Nos 02311+3 to 023250, 018210 to 018300., and 013096 to 013200. Between 17 December 1998 and 6 January 1999 he collected shs.598,000/=. He did not remit the money to his employer, Chunya District Council. He spent the money without, permission or consent of his employer. Hence the charge. The day of preliiinnary nearing was on 12.5.99 The cnar.ge was read over and explained to the appellant who pleaded "It is not frue,:)A plea of not guilty was duly entered by the court. When it came to 'the turn of the appellant to mention, or to contribute to, the matters which were not in.dispute he said: 000••oa000 12

sent. For Repubiic Mr. Nangela, S.A. 'Accused— It is true that the name in the charge sheet is mine0 it is true that between December 17/98 and 6/1/99 I was given books for Revenue Collection0 It is true that I failed to submit shs.598,000/ collected during the above mentioned period0 It is true that I was thereafter arrested and charged of this Offence0 The signatures of the appellant, the public prosecutor and the trial magistrate followed. It thefl occurred to he trial magistrate and the publi.c prosecutor that the appellant wantedto change his plea from not guilty to guilty. The public prosecutor, with leave of the trial court, presented a full stateiient of the facts of the case which • contained all the ingredients of the offence charged. The trial court then asked the appellant to state whether: the facts were correct and he replied "Accused • I agree with the given facts. They are true and correct. 1 The trial court enter a plea of guilty and proceeded to convict the appellant as charged on his own plea of guilty. I find this appeal devoid of merit. I.agree with the learned state attorney that.he appellant pleaded guilty to the charge unequivocally0 A plea of guilty must contain an unequivocal admission of every ingredient necessary to constitute the offence with which the accused peron is charged. .1 am satisfied that this was the case in this case. I agree that the plea of the appellant ought to have been taken again before the full statement of the facts was recorded. But this irregularity didnot result in any injustice to the appellant. It was saved by thefull statement of the facts which disclosed all ingredients of the offence charged and duly adjiitted by the appellant uite obviously, therefore, the irregularity was curable under section 388(1) of the Crinunal rocedure ct 1985 This appeal, in.bdne4uce,stands dismissed in its entirety.