Julius Shangala vs Republic (HC Criminal Appeal No. 56 of 1987) [1990] TZHC 235 (21 November 1990)

'7 ' T 1AA ~ Q7_ S ` ~~ - ]1T TE RIGII COUT OF THZJL3. T 1fl3YA .P , PP4 1]LL_'T1E JuRISDICTION (rrbcya Registry) HIGH COURT cRIMflLL APPBL NO, 56 OF.1987 (From Criminal Appoal No, 43 of 1985 of the District Court of Mbeya District at Mboya and. Original Criminal Case No, 47 of 1983 of Igurusi Primary Court) BBFORE J. B. IvaGAMi (is.) - D. M. JuJLflJBSIIANGALA,.,,,000,,,,.APPJILLiNT LLJ TEREPUBLIC,,,.,..,.o,,,o,,,,RESPO1WIiThiT J1JDGEIt1flhIT Ichome J. The appellant, Julius Shangala was jointly charged with others with Robbery contrary to sections 285 and 286 of the Penal Code in the iguru.si Primary Court, The appellant and some of his co-accused were found guilty and sentenced to seven years iuprisonmet each. They appeallod to the Nboya District Court, but their appeal was dismissed. The appellant has preferred this second appeal. The appellant was not identified at the scene of crime. Nor was he found with any of the stolen goods. The only evidence against him is that his nm:ie appeared in a list of people found in the house of one of the suspects, Charles Ponyera. That list does not state. what those names listed are for. It was a gross error for both lower courts to take the list as conclusive evidence that all those whose names appear therein participa- ted in thO commission of this robbery. The list could have been for an innocent mission or for the commission of a crime other than the one charged. For these reasons 9 even Mis Mwaiteleke, the Learned State Lttorney for the Republic did not support the conviction. 'I therefore allow this appeal, g.uash the conviction, and sot aside the sentence passed against the appellant, Julius Shangala. He is to be released immediately unless held for some other laid'ul cause, C. I. L. B. MCHOIB i:) 21/11/1990