Christoher Mwankusye vs Republic (High Court Criminal Appeal 87 of 1998) [2000] TZHC 240 (28 April 2000)

4 c Ii1 THE HIGH CuTIRT OF IlANANIA AT HBEYA HIGH (XURT CRI:INAL IPPEAL 1UO 87 OF 1998 (FR0H THE DISTRICT COUPI (YF RUisGWE AT TUKUYU OEIGIN2L CRIMINAL C.SE NO0 21lLI OF 1997 BEfOA: LJ0 MhAIBIE - DISTRICT MAGISTRATE) CHRISTOPHi MWA]I'BSYE APPELLANT VERSUS THE REPUBLIC RESPONDENT JUDGMENT This is an appeal against sentence0 Consequent upon the appellants own unequivocal plea of guilty, the district court of flung're district cofticted him of cattle theft, contrary to sections 268(1) and (3) and 265 of the Pnal Code, and sentenced him to eight 'ears imrisonrnent0 The sentence aggrievd the appellant who now seeks for its reduction in and by this appeal0 The learned state attorney who appeared before me, Mr. Boniface, submitted that the sentence passed, though lawful, was in the circumstances of th e case unduly on the high side0 So the appeal is unresisted by the Republic.0 I would, with respect, agree with the learned state attorney0 The offence for purposes of sentence was sc1eduied under the Minimum Sentences Act No. 1 of 1972 By virtue of section 5(c) thereof the offence attracted an imprisonment term of not less than five years0 So the lviinimum sentence prescribed for the offence was an imprisonment term of five years. However, under paragraph (a) subsection (1) of sectirn 170 of the Criminal Procedure Act No. 9 of 1985, the trial court had power to impose for the offence a sentence of imprisonment not exceeding eight years0 I understand that section 17 0 (1)(a) of the Act was amended by the Sexual Offences Special Provisions Jct No. Lf of 1998 limiting the snfencing power of a trial court for the offence to only the nrnimum sentence rf five years imprLonnient. But the : offence was committed on 1 +.11.97 which was before the amendment. So the ' 0000000000000 /2

sentence passed by the trial court for the offence was lawful. That sentence nevertheless anpears to have been unduly on the high side in the circumstances, üniy one head of cattle was involved, and the appellant was a youthful first offender who had pleaded guilty to the offence. I agree with Mr. Boniface that interests of justice demanded the imposition of only the very minimum sentence prescribed for the offence. I accordingly allow the appeal s and hereby reduce the sentence to five years imprisonment. 4

BP. hOSdI JUDGE.. AT MBEYAO 28 April 2000. For Appellant esent, For iepublic Absent.