Canisius A. Salala vs The United Republic (High Court Criminal Appeal No. 86 of 1989) [1991] TZHC 2004 (20 September 1991)

KYAND0 1 J APPELLATE JURISDICTION HIGH CCURT CRIMINAL APPEnL NO ,;RIGINAL CRIMIN.AL CASK NO 2 5 JF 19,:.;G O.? THE DISTRICT CJURT --iF I.Lii.Lil. DISTRICT AT KlVUKONI: BEFJRE C. KALJKCLA RESIDENT MAGISTRATE CANISIUS A. SAL.'lLA •••• ; ••••••••.••••• APPELLANT (Original Accused) versus T:fE UNITED REPUBLIC •••••••••••••••••• RESPONDENT (Original Prosecutor) JUDGIlliNT The appellant cen~. twJ others were convicted ·by the District-Court of Ilala, at Kivukoni, Dar es Salaam, of neglect.to prevent commission of each f -?ffence e/s 3G3 of the_ Penal Code, and were/sontenc8d to imprisonment .r,o- twelve (12) m:mths. The appellant, who now has c::in:.pleted serv:i.ng the 12 months te.rm, was aggrieTed by the conviction and a.ppeals, M.r •. _Matupa, .learned State Attorney, on behalf of the Republic said he was not supporting the appellant's conviction. After studying the case Jarefully myself, I too aJll of the view that the conviction was bad I -herefore allow the appellant's appeel and quash his conviction I set aside the sentence imposed on him, though regrettably, as already sho•.:r1r ii has been C#J½,! pi 1l,, th served ali,eady. I 'v." ?. v·VVv •:a.;{ KYiiliD0 JUDGE '\ES SALAAM ~ Mat"p,, SA,!or the Republic Appellant in person. t'