D.P.P. vs Mawazo s/o Yatilinga (Criminal Appeal No. 1 of 1999) [1999] TZHC 271 (31 August 1999)

I \ I ! ,· IN '111{~ HIGH COUTI'i' OF 'l'ANz.ANIA AT MBEYA 8RIMINJ\L APPTiiAL.NOo 1 OF 1999 (Original Crninal Ce No. 77 of 1998 of Nbozi,District Court at Vwa-1a,_.,·· : . 1.' . Before~ B. H. r-andawa - nesident Magistrate) APPELLANT Versus· HA-JAZO S/0 YATILINGA ooor.;c:,000000 P.ESPONDENT JUIXIEMENT . t'~~±.t.Q!Q:,2; 1'he appellant the D.P.P. has he.en represen.'t.i.d by the iearned Mr. J'ibago ·' (Senior State .Attorney) who prsented ·the arJpeaJ. against a conviction aiid conditional dist:h~ge. of the respondent i.:awazo. s/o Yatiliuga 01: a charge ~f .. unlawful possession of a fire gun of niuzzle type (gobore). The main grounds ', . of the appeal ro,-e thre_e irstly that the trial magistrate had __ ~ jUI,'isdiction for the offence haci" neither a conse,nt of a :State. 'Attorney i/c_,P,-Q;I;. his .tificate for tria:r :by a District ;.court at.her than ti1e Eccihomic Crimes Courto . Phe .s.end.. .. ;. . . ; :· : . . ,.:-. ground· was:• -ha.;. 1 ;the· sentence of conditional and discharge was illegal for the oxince. ~ar~~ies a. Minimum sentence punisr.ment of imprisonmento Thirdly. th.at the· order for the firearm to be kept pending a lawful .·.. . . . acquisition f.:.:!;':he firearm by the respondent was unlawful • ...... ~ .......... . All >th'· fhree lawful points raised are valid. Thi$ being an economic offence it needed a consent of the_DPP before a trial cohld be wanted before any court at all. Since" it was an economic offence the trial it was this court sitting as an Economic primes Court unless 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. '.I'he proceedings of the plea taking, plea of guilty and conviction are quashed. The sentence is set asideo The accused shall be tried de novo before a.11other magistrate,. 'l'he Accused's bail is extended. The case shall be mentioned before 0 0 0 C: 0 " 0 ., C, 0 0 /2

the District Court of Mbozi on 15/9/99 for continued mentions and trial in a proper counted charge if any and with a certificate for trial by the District Court if any or before this court sitting as.an economic court. Date: 31/8/1999. Coram: E.Li-K- Mwipopo, Judge •. E.L.K. MWIPOPO JUDGE. 31/8/990 For Republic: .... ,6··r,•' tvn~. Nangela .Senior State Att<Yrney - Present .• Respondent: Mawazo Yatilinga ·- Present. B/C : M.rs. 'Mponzio Court: Ruling delilil'ered. D;i.strict Cour:tV.s file to be remitted to the District Court for continued mentions and hearing :i;f any ment~,;"n before. ,the D:i,,.str.ict C9u.rt. fiibozi on "15/9/99. Bail extended till then .. .. .. -,.F4e -Accused is still - facing. the same charge of nor economic crimes. Act. (.Sgd.) E.L.K. MWIPO.PO JUDGE. 31/8/9~• IS A TRUE COPY OF THFJ OHIGINAL. DISTRICT REGIS'l:Riill •. · .... ----·--.,..,, .. ,."'::t<- •• --...-,."

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