Nyangi Nchagwa Sinda vs Republic (High Court Criminal Appeal No.168 of 1999) [2000] TZHC 52 (31 May 2000)

-1 t!.0- 1 i/ . ....... MROS0 4 J !.. IN THE HIGH COURT OF TANZANIA AT MWANZA· APPELLATE JURISDICTION HIGH COURI' CRIMINAL APPEAL N0.168 OF 1999 (Original Criminal Case No.375 of 1993 of. the District Court of Tarime District at Tarime. Before & D~ D. Malamsha, F.sq,. DMe-) NYANGI NCHAGWA SINDA o•••••••••••••••••••••••••• APPELLANT . (Original Accused) VERSUS THE REPUBLIC " •••••• ., ••••••• ,. •••••••••••••••• • RESPONDENT (Original Prosecutor) JU D G ME N T. The appellant was the first out of two accused person~ ~ho were prosecuted andlconvicted for armed robbery in the Districf,c6.urt of Tarime. They were each sentenced to 30 years imprisonment and twelve

• ' . strokes of corporal punishment. They appealed separately~- _Te 'accused, •• • J' i . ,. . Mwita Mwikiri was the appellant 'in Crim'inal Appei· .No.2_69 of 1993. The appeal was heard in 1994 by this Court (S.ekule; Judge) wh~,iallowd it by quashing·the conviction and setting aside the prison sentence as well as the corporal punishment. Unfortunately for the appellant ·in the present appeal he delayed in fiJ.ing his appeal arid-therefore had to go through the hurdle of seeking leave to appeal out of time, which he obtained. Had he appealed in time and his appea. C consolidated have for hearing with Criminal Appeal No,269 of 1993, he woultregained his freedom six years ago., The respondent Republic does not supprt the conviction and concedes the grounds of appeal. The evidence which resulted in his conviction was the same as that whic):-) related to his co-convict in · Criminal Appeal No.269 of 1993. That evidence wns found by this Court to be wanting and inuffif-ient to found e. eomr:i.eti~n fo.r the offence were charged. Written statements rather than oral eviden-ce t.,.:· used by the

2 trial oourt to base .a .con vie tion., The conditions in sect ion 34B( 1) of the Law of Evidence At1967 were not satisfied. Since the reasons for allowing the appeal of the appellant in Crirnirn~.l appeal No1269 of 1993 squarely apply also in this appeal there is no need to make a discussion of the evidenc~-. I allow. the. appeal, by quashing the conviction and set:t;ing aside the sentence impo:3ed on the appellant,. He is to be set free forthwith unless he is being held for some other lawful cause •. It. is so ordered. JUDGE

At Mwanza, .. r 31/5/2000. Date!: 3,1/5/2000.. "Coram: . Bo!4$K.Mmilla,; DR, For Republic/Respondent: Mr. Feleshi S/A. Appellant: Present. B/Clerk: Ch,arles. Court: Judgment delivered this .'31st do.y of Mo.v 1 2000 in the presence of learned Counsel for the Respondent Republic Mr. Fcleshi and the appellant himself in person, AT MWANZAo B.MoK.MMILLA DISTRICT RI<:GISTRAR. -.-..-...,.•--~·-· 31/5/2000.