KISINZA RICHARD v REPUBLIC 1989 TLR 143 (HC)

 KISINZA RICHARD v REPUBLIC 1989 TLR 143 (HC)

Court High Court of Tanzania- Tabora

Judge Korosso J

26 August, 1989 H

Flynote

Criminal Law - Mistaken identification.

Evidence - Standard of proof - Evidence should leave no doubt.

-Headnote

The appellants were charged and convicted of burglary c/s 295 and stealing c/s 265

both of the Penal Code. Each was sentenced to 5 years imprisonment for the second I

count. The appellants appealed

1989 TLR p144

KOROSSO J

to the High Court challenging the findings of the trial magistrate as having been

based on A mistaken identification.

Held: These appeals have no substantial cause justifying this court to disturb the

conviction rightly made.

Case Information

Appeal dismissed. B

No cases referred to.

[zJDz]Judgment

Korosso, J.: These two appeals Nos. 131/87 and 132/87 have been consolidated and C

will conveniently be dealt with collectively. The Appellants were jointly charged

with two offences. In the lst Count they were charged with the offence of burglary

c/s.294 (1) of the Penal Code. The Appellants were convicted of both counts and each

sentenced to 5 D years imprisonment for the 2nd Count. The Appellants are

appealing to this Court against convictions and sentences.

Mr. Oswald the learned state attorney who appeared for the Republic supported the

convictions registered against the Appellants. E

The Appellants challenged the finding of the learned trial magistrate as having been

based on mistaken identification.

The evidence on the lower Court's record was such as to leave no doubts in the mind

of the trial magistrate as to the identification of the Appellants by one Mbula Mayege

F (PW.1) one Madulu Shibi (PW.2) and one Devota Magembe (PW.3). There was a

lamp light illuminating the house. In the case of Devota Magembe (PW.3) she had

been awake at 11.15 p.m. on 17/8/86 when the Appellants broke into the house. In

the case G of the 1st Appellant was taking a lamp then burning in the house. All

these witnesses, PW.1, PW.2 and PW.3 knew the Appellants thoroughly before the

incidence having been a resident of the village of Matalambuli. It is in evidence that

when the villagers went to the scene, PW.1, PW.2 and PW.3 not only mentioned the

Appellants but also H by their names and the clothes they had put on, so that when

the Appellants appeared at the scene feigning as good samaritans were promptly

arrested, there and then.

I am satisfied that these appeals have no any substantial cause for complainant,

justifying I this Court to disturb the convictions rightly made.

1989 TLR p145

I would therefore uphold the convictions and confirm the sentences of 5 years each.

A

Appeal dismissed.

1989 TLR p145

B