Mwakani Shehe Vs. The Republic Criminal Appeal No. 155 of 2011
Date
2013
Journal Title
Journal ISSN
Volume Title
Publisher
High Court of Appeal Mbeya -Tanzania
Abstract
The appellant, Mwakani Shehe, was convicted by D.O. Komba, the Principal District Magistrate of the District Court of Mbarali at Rujewa. This conviction came after he was jointly tried together with Athanas Mlalilwa
for the offence of Armed Robbery contrary to section 287A of the Penal Code as amended by the Written Laws (Miscellaneous Amendments) 2) Act, 2004 (Act No. 4/2004). However, Athanas Mlalilwa, the 2nd accused,
was acquitted by the trial court. Particulars of this offence allege that on 13th October 2007 at about 20.00 p.m. at Ukwaheri village in Mbarali District, the two accused stole shs. 5,200,000/= from the complainant PW1
Isack Galahenga, and used a panga to slash the owner in order to obtain and retain this money which they had stolen.
Description
Appeal from the decision of the High Court of Tanzania at Mbeya Criminal Appeal No. 155 Of 2011
Keywords
Criminal Appeal, Prosecution Witnesses, Eyewitness Testimony, Unsafe Conviction, Second Appeal, Evidence Contradiction