Daudi Bwanashamba vs Republic (Criminal Appeal No 50 of 1989) [1991] TZHC 2674 (2 September 1991)

IN THE HIGH COURT OF TANZANIA AT DODOHA CRIMINAL APPEAL No.so OF 1989 FRO}i THE DECISION OF THE DISTRICT COURT OF DODOMA .AT DODOI1A TI~ CRil"lINAL ClSE NO. 380 OF 1988 • . BEFOR: A .F •. SII.f,NG!li.,, Esq •• , •• R8SIDENT MAGISTRATE DAUDI Br./il.NJ;.SHliNBA. •.,..,,,,,,,, ,,,.,, ,APPELLJ:.NT VERSUS· .THE IGPUBLIC. . ~ ••••••• , •• ~ ••••••••••• RESPOlIDENT JUDGMENT The appellant, Daudi Bwanashrunba, was convicted, jointly with another person who was the second accused, with cattle theft. They were en.ch sentenced to five yem:s irrprisonm8nt. The complainant's two head of cattle were stolen on 23 Scptoabcr, 1988 r.t night, The thievos 1-wre chn.sed for n few paces, md one of them . was D.rrcsted. Ho was the second accused, Ho told the people who hoo arr1;;st0d · hira th.:::.t he w2..s 's0nt by the 2.1;pollant to steal. Tht: people . went to the n.ppellont's house, r.nd they found him sleeping in his house, The appellmt dnicd the chm-se, The only ovidonce a;_,r,inst the appello.nt was wh:::.t the aocond o.ccusod told the pe,:iplc who D.rrvsted him·. At the tricl tho second accused d,:mied to have named tho appellant Cl02:rly, there wns no evidence to bo,se a convict.ion, Tho prosecution witness0s gave hoa.rsay evidence acainst tho appollroit, for they only sid what the second )l,C0UB0d hr,.d told thorn. That was ino.d.missiblo,.end there was no other evidence upon which to convict the appellant. In the circumstances, the conviction cannot stt:nd, nnd it is qua.shed. Tho appec.l is allowed. The conviction, which is not supported by the R0public is quashed,· r.nd the 8,,.:ntence is set aside• . The avpollant should be rclco.sod unless he is otherwise lawfully held. 2 Soptnbvr 1991 from custody forthwith, ~ tc,..; \I' ti W.J. MlUNA Mr, Kifunda, State Attorney, for th8 R~public, Li.ppellr.nt o..bsent •