D.P.P. vs Mawazo s/o Yatilinga (Criminal Appeal No. 1 of 1999) [1999] TZHC 242 (31 August 1999)
Judgment
IL IN TKILI HIGH COURT OF TANZANIA AT MBEYA • CRIMINAL APPEAL NO. 1 OF 1999 S (Original. Criminal Case No P of 1998 of. Mbozi District Court at Vwawa Before B0H. andawa Resident Magistrate) D 0P01 ' 0 000000 000 0 000000 o•c APPELLIiI'IT * Versus J'iAWAZO.'S/O YATILINGA RESPONDENT JUDGEENT The appellant the D.P.P. has, baen. represenad hy thlelearned Mr. Mbago. (Senior State Attoiney) who proseritd' the aeaJ. against .aconviction and conditional discharge of the respondent Mawazo s/o Y.atilinga -on a charge of unlawful possession of"fire• gun of unizle -type (gobore)e main grounds of the appeal are three firstly that thé trial maisra€e had no juridictio.fr_ for the offence had neither a consent of a State Attorne i/c nor r2tJ1],ate for tral hy: a District. court other... ài he cbnomic OPimeS Courto ground was that the sentence of conditional and discharge was illegal for the offence carries a Minimurn sentence punishment of imprisonment.. ThfrdJ.t1iai the order for the firearm to be kept pending a lawful acquisitiOn' of t h e firearm by the respondent was unlawful. All the three lawful points raised are valid. This being an economic offence it needed a consert of thêDPP,beforé a trial could bwañtedbefore any court at all. Since it was an economic offence the trial it was this court sitting as an Ecogomic Crimes Qourt tinless there was a certificate by the State Attorney Incharge transferring it to the district court. Again, with a conviction there was no discretion but to impose a minimum custorial sentence. The proceedings of the plea taking, plea of guilty and conviction are quashed. The sentence is set aside. The accused shall be tried de novo before another magistrate. The Accuseds bail is extended. The case shall be mentioned before 0.00000000° 12
the District Court of Mbozi on 15/9/99 for continued mentions and trial in a proper counted chare if any and with a certificate for trial by the District.. Court if any or before this court sitting as an economic court V V V V VVVV' V V (bgd.) V. NWIPOPO V V V V V V V V JUDGEO V
31/8/99. Date: 31/8/1999. Coram: E.L.K. Mwipopo, Judge. For Republic: 1r. Nangela Senior State Attorney _V Present. V Respondent: Mawazo Yatilinga. - Presento: V V B/C : I1rs. Nponzi V Court Puling delivered. Distriet file to be remitted to the District Court fo ' V continued jnentions and hearing if. mrxti,n V before the DitrVict Court Mbozi on 15/9/99. Bail extended till then4 The' Accsad VViS still facing the same V charge of nor economic crimes Act. V V
- V V VtV_ V V ' (Sgd.) E.L.K. MWIPOPO '\ V V V V V JUDGE, V V Zi ; 3 1 /8/99. 4 I' -CERTIFY IS A TRUE COPY OF THE ORIGINAL. V DISTRICT RISTRtR.