Buruda Mwanibaso vs Republic (High Court Criminal Appeal No. 39 of 1991) [1991] TZHC 2249 (16 July 1991)

11 IN THE HIGH -O3URT Of TJNL .T i'lBY IPPELLTE JURISDICTION HIGH COURT CRI?NL EPELL NO, 39 OF 1991 (ORIGINAL CRIIVNAkL 03E NO. 46. OF 1991 OF THE, LrISTRIOT OJIJRT OF ?OZI DISTRICT LT Mi)ZI). BFOR Zar.bi EsQDptrict Ma;istrate_Nbzi. BURI3D. N'JiNIBSO. . . . . . . • . . . • • , , . , . PPELLA.JT VR3US TI1E REPUBLIC , . . . . • . . • . • . • * • • • . , RONDENT / JUGMT The appellant Buru.d.a Mwanibaso was eharged and conviôted of store breaking and stealing 296 (I) of the Penal Code by the District Court of Nbozi (Zaibi N) He was sentenced to five years imrisonamnt under Ninirnim Sentences iet 1972, He is now appealing against conviotl..n ani sentence. The evidenee against the appellant was briifly as follow- In th . morning of 4/1/91 along Nbeya Twiduna Road notor vehicle Reg. No, TZ 90265 was found loaded with several articLe naiiely 594 Litres of 1ovhin127 Litres of Round up, and one Natheiatical Calculator. The uotorLwhich was bing driven by one Jeriko Mwaiisiku (Pwi) and his Thrn-boy Nika ICatobe (PW2) had stoppd due to machei4oal dects. PW1 and PW2 were arrested and charged in criathal ease No, 12/91 in respect of the same articles. In their defen.ce PW1 and PW2 claiuLd to have been hired by the appellant, It is on the strength of this evidence that the appellant was arrested and eharged., C'early as can be seen the appellant's conviction was based on the evidence of PWI and PW2 who can be deued to be a type of persons who had their own interest to serve in that if accud was found innocent they were the likely suspect. In an English *ase of ICeneth Frank Iraf v R. (1960) 44 C.iR. the court had this to says -, "Where it appears that a witnes whethr a co-prisoner or a crown witness may have soi.iu purpose of his own to serve in giving evidence it is b1 that a warning should be given to the jurr with regard to the danr of acting on his uncoroborated evidence whthe the 4tness can properly be classed as an accomplice or not," :

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