Ambindwile Taulo Mbuba vs Republic (Criminal Appeal No. 23 of 2000) [2000] TZHC 357 (30 June 2000)

1i HIGH CuURi OF LiAN1A AT iiBiA CRL'IINAL APPEAL NO 23 OF 2000 (From Chunta Ditrict Court Criminal Case io. 46 of 1999 Before: N.M. Kaserero Senior D/Magistrate) AMEINDWILE TAULO I.,IBUBA. , APPELLANT Versus THEIEPUBLIC,,.,..,,,,,,.......... PESPONDENT JUDGMENT Th? district court of Chunya convicted the apei1ant, Arnbindwile Taulo Mbuba, of Stealing by Person employed in Public 5e1'vice, contrary 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 Minimum Sentences Act 1972. His contentionin this appeal is that he did not plead guilty to the charge. The learned state attorney who appeared before me, Mr. Boniface, subiritted that the plea of the appellant was unequivocal. But the learned attorney did not approve of the procedure adopted by the trial magistrate in recording the plea of guilty. He claimed the appellant was not made to plead to the chre before full statement of facts was taken. The appellant was a Village Executive Officer employed by Chunya District Council. He was given three receipt books for revenue collection. They were Nos 023143 to 023250, 018210 to 018300, and 013096 to 013200. Between 17 December 1998 and 6 January 1999 he collected 9hs.598,000/=. He didnot remit the money to his employer, Chunya District Council. He spent the money without permIsion or consent of his employer. Hence the charge. The day of preliminary hearing was on 12.5.99. The charge was read over and explained to the appellant who pleaded "It is not true. A plea of not guilt y h was duly entered by the court. When it came to the turn of the appellant to rnentipn, or to contribute to, the matters which were not in dispute heaald.: 0,0009,400 /2

-2- - -- "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 period. It is true that I was thereafter arrested and charged of this..Offence The signatures of the appellant, the public procecutor and the trial magistrate followed0 It then occurred to the trial magistrate and the public prosecuto± that the appellant wanted to change his plea f±om not guilty to guilty. The publiptosecutor, with leave of the trial court, presented a full statement 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. Thej areti'uèandcorrect. The trial court entered 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 the appellant pleaded guilty to the charge unequivocally. A plea of guiltr must contain an unequivocal admission of every ingredient necessary to constitute the offence with which the accused person is charged. I 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 did not result in any injustice to the appellant. It was saved by the full statement of the facts which disclosed all ingredients of the offence chargedand duly admitted by the::appellnt. Quite obviously, therefore, the irregularity was curable under section 388(1) of the Criminal Procedure Act 1 985- la-- in consequence, stands dismissed in its entirety. : AT i'BA, 30 June 2000.

• For Appellant: Present.
• For Republic: Mr. Nangela, -S.A. '\ •;_./. - - i3.P. MOSHI JUIYGE.