Thomas Shao vs Republic (Ciminal Appeal No. 54 of 1998) [1998] TZHC 2284 (28 November 1998)
Judgment
H -. C I b 1'\ IN THE HIGH COURT OF T ,~ NZ,,WL I I AT MBEYA ORIGINAL JURISDICTION (Mbea Regitry) • ,.. CRIMINAL APPEAL NO. 5Lf OF 199 8 (1rom Original Crirnnal Cse No, 174 of 1998 of Tukuyu District Court at Tukuyu District) TFON& SI - lAO .. PPTLLNT Versus • Trib RCPU.LJC . , . , , . , , , PESPOND. N T REASONS R T JURGMdT MIPOPOJ.: I delivered a. judgement on 2 V 1 /9 8 acquitting the appellant THOMAS SI-lAO and setting aside the sentence of a fine of Shs.30,O00/ or 6 months imprisonment and a forfeiftre order of 30 bags of coffee which We re ordered to he returned to the appellant. These ore reasons hereinbelow for the judgement. There was a grave error in the citation of the statement ofofence C/s. 12 (1) and (2) and (3) of the Tanzania Coffee Board ftt Np.18 of 198+ w hich does not diâdbse any: of the particulars pf offnce and facts given or a p]ea of guilty for unifully-buyM.g coffee .while unregistered under the same 6offee Act. The pariculhrsofoffence st.ate,that1e was found with 30 hogs of coffee va1ued± Shs,1,800,00Q/ suspected to have been bought while unrejistered by the 6off cc Board mc1 that he. did, fail to produce an authorized licence when he s requested to do so by an authOrized pesonvhdreas the section cited in the. statement of offence provide fr merely the superanuration benefits of rtuities and ieirementflowances to'the employees of the Board to contributed by the Board, and the enmloyees themselves. Otherwi., had the statutory offence in the Act been properly cited and exposed in the statement of offence the arguments of the learned Mr. Mbise, Advocate about the plea of giiilty being guilty and unsuportive facts would have been brushed aside by this court for indeed the appellant was found t1 the 30 bags of cnffe without having been registered with the eoffeo Board as a coffee buyer. He failed to produce the licence for buying coffee from growers etc. from the time he was arrested with the 30 bags of coffee on 1/?/98 until when he was convicted and sentenced by the District Court an 20/7/98. . . .... . L.
-2. The arguments of theleorned Mr. Mbse, (DV) that he was an agent of a princiio1 huyr in 1'1bozi who had thô licence to buy in coffee is after thouht for he never 'aicl s6 when the facts of the case were adeuced in curt by the Public Prosecutor. The arguments of the learned Mr. Boniface (S.A.) are the correct ones that the of.fences cited were wrong provision which clon,?t. .colatc the offence charged and convicted with, That is why I quashed the conviction ant aside the 6entence and noted the fine of Shs30,000/= already paid a. the 30 bags of coffee forfeited to he returned to the .appel1ant. Ru was technically innocent deserving an acquittal,. .(Sgd.) E.L.K. Mpopo, Judge 25/11/98 25/11/98 Mwiipopo, J. Appellant: Thomas Shao - bsent . For Appellant: Mr. Naali (JDV) present holding brief for Mr. Mhise (AIv) who is ahsent .. S Mr. Nañgela (Sit) for, 1espondent is present.. C/C. Mrs. Mponztt,........ , . . . . . Court Reasons for ju3."ement are .livere1. (Sgd.) ..L.K. Mwipopo, Judge
28/11/98 .5. .5. . thisi a true couy of the origina], .judement.. :.
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