Wilson Mawazo vs Republic (High Court Criminal Appeal No. 2 of 1996) [2000] TZHC 605 (19 May 2000)

··' .. AT Mb.C.:YA HIGH COURT CRIMINAL Al_,PEAL NO. 2 0F.1996 (FROM MP!i.I\JDA DISTRICT COURT A'r MPANDA CRIMINAL APPEAL NO. 3 OF 1990 BEFORE: NvA.S. Mwakasanga ~ District·Magistrate) WILSON ViAWAZO Af-'PEIJ,ANT THE REPUBLIC IIBSPONDENT JUDGMENT ..,..,..- · .. ;I'his. is a .second· appeaL The Mpanda Urban primary_ court convicted the appellant, \vilson Mawazo, of .Attempted Rohbery, contrary to section 28T of the Penal Code and sentenced him to the prescribed rninimwn imprisonment term of . - ; , ' .. , •·. . ·. 15 years with twelve strokes of the caneo }tis first appeal to the district court of Mpanda was dismisse,d, hence this second appeal which was resisted py rir. Nangela, learned state attorney. '11hese material facts were·· estblished in evidence.. At rt1idnight' on 11.12.89 ;:;{., Thomas Chiwanga (PW1), George Kalas (PW2), Nestory Chambala (PW3), Mohed .Aily (DW1), arid Ezekiel Balampama (DW2) were asleep in their houses. They lived in same neighbourhood with the appellant, and DW2 was their area chaμ-l'!lan• ·· Then PW1 was awakened by the noise of a big bang at the front door of his house.. A big stone had broken the door. He raised an alarm for help. A voice from outside ordered him to stop the alarm, else he would be killed. Meanwhile the alarm awoke many people including PW2 and PW3 who went to the house of PW1 at the doubleo 'l'hey found three persons infront of the house who took to their heels on seeing themo 'I'hey chased them and after a short chase one of the three pcc:n1.s missed a step and fell to the ground. · He was held. He turned out to be the appellant. The other two disappearedo 'I'he appellant held a big knifeo DW1 arrived there and found the appellant on the ground with the knife• He summoned DW2 who also saw the knife. PW2 and PW3, among other persons, ••••o••••• /2

r ,' 'I L ,·,r - ~ ¥·•• the appellant and L<r. :l.t:/ {i® t::-,t, 1-'G-- L.:' ·. ·._ •• J .:.,• J • t" , ' . J) :~ .· .. . _. ' appellant was also taken to the police stationo The big stone was found. at 'I • ~.... ·t . •.•-, . .:.' .... the broken door of the house of PW1 and taken .to .the. police stationo The '· .... '. < ~1 ' . • : .. ~· •. • . stone and the knife .. were. tendered in evidence. . ,,,. . . . . r·•'"' ,,. i i I I The· appellant denied-,cornplici ty. in the/ offence and· claime_d J;J1at t1te knife himo was planted on hi.mo · B~~ -~here was as deinons:rated, roe~~ ~-olid ;jdence /against Even his two defence witnesses spoke in·favo of the prosecutions case I against hilno His identity as a particeps cr.iminis was established beyond •• ,, • ·,. I.•· • . reasonable doubt ..

• ... ,..,,,.. ... '•• ' He was found· in flagrante, delicto. Both courts below considered the.ingredients.of the offence charged,' and rightly found t}Xem I
• .,t_ I In Bhbrt, I· find his:;; I \c -: o.,;.:,·.:':/" 1 ~ ~-. ·: ~:.::·.~~' t ".;:;·::- ! ~ .... · j ~~- ... .:~.j J -\o. ;-: .... ~-,..)'.) ·i ·1.:1 r. \ f .. :·.: - t ,· ,'.· -.;, -~ ; ... ) ... ,,;. B.P. MOSHI J • • • \ : t : '.·"' ..... .. 4,,,. ·1::...-, .... ! • : \ .. .,., . . ;,.. AT MBEYA. . i- J. ·• ,1. · · For R_epu,blic: Mr. Nangela, ·so Ao .-·.··.1. .. t • ,-.., • • ~ •-;..•',I • Yf ..