Shabani Mtambazi vs United Republic (Criminal Appeal No. 155 of 1990) [1991] TZHC 2060 (12 August 1991)
Judgment
IN THE HIGH COURT OF T.1i.NZ,lNIA
AT DAR B~ S,tL,I.1:.M.._
CRIMINAL A?PEAL NO! 155 OF 19S~
ORIGINAL CRIMINAL GhSE NO, 81J OF 19d9
OF THE- DISTRICT COURT 0F IL,iLii. DISTRICT ii.T KISUTU .3BFOfi.E MA.L'ITDJSi.'1 ... Iil\lI
SHAB.ANI MT.iuiIB.AZI •••••• · ••• , ••••••••••• ~ • , •••• ·• ••. , li.i?PELLJNT
versus
-THE UNITED -RE.?UBLIC ............. ,, •••••••••••.•••• RES?ONDENT,,
~ ~ ;
"JUDGMENT
B4H.A'l'I, J .• ,
This is an appeal by Shabani Mtawbazi :1ho was convicted of the offenee
of robbery with violence under section 205 and 286 of the Penal Code and
sentenced to a terw of idprisorient.for thirty yers.· He is appealing·
agairtst both,c0nviction and sentence4
The appellant
9
according to. the 'evLlence, was seen at the scene of
o,riwe by PW2 and PW3 in coL1pany with other people. He was ar □ ed with a
knife and he together with the others theatened o harQ the residents
the house which they invaded. IIe robbed PW2 and ?W3 of a lot of goods,
Then soon afte:·• that the appellant t::igether with the co-accased.\ were arree.t~~~'.'. -
by the Police (j?W4) as they were in a landro,-er wi·t.h the i.tolen goods whi"-M · · :.
. ·. ·'
the cowplainant was able to identify. The appell mt even led the Poli•e to _ .. /:
where soe of the stolen goods were. This. w..:,uld teni lo corroborate "ihe
visual i11Htifigatiof on £he aRe1iant1fl twfr !nd. PW3. There was no claim
_
1
. soo s se ze rom · e , ppe n n . . . . , ..
wade oi:vthe his colleagues (c0-accuscd) by any cf thew.
'?he. contention of the appellant in defence that he. was an .innoeeat
·"$·., .•
pe,sserby canr:ot be true in view of the above cv.:..dence. The learned Magista··,e ·
was correct in rejecting this defence. The c:mv::.ction canno, be faulted
therefore and it is uphel1. The appeal against conviction is disoissed.
As for the sentence 1 it is the bare □ iniwu since this was arced
robbery. Act no 1 J of 1989 has amended the willi..JUiJ sentertoe or ared
robbery frow seven
The appea:t is
years .to thirty years ioprirJnGent.
therefore dis1,dssed in its cn~irety.·~~;,?
... ....,_ .
1-it- BAILlTI .. JU
12/0/91.
Court Delivered in court
Appellant present
DAR ES ~i.LM1M
12th August: 1991n
Miss l\umissi
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