TUMAINI UNIVERSITY DAR ES SALAAM COLLEGE (TUDARCo).

SCHOOL OF LAW AND JUSTICE.

SUBJECT NAME : Criminal Procedure

WORK : Individual Assignment.

DATE : 06TH APRIL 2023

NO. NAMES REGISTRATION NO: SIGNATURE

1. MWANAID NUKHU TU/DARCO/LLBE/022/245

QUESTION:

Masanja, Massenga, John, Bakari and Mussa were convicted for the offense of armed robbery
contrary to Section___ of the Penal Code by Kinondoni DC the sentence of thirty years’
imprisonment. The three of out of five convicts were not satisfied with the decision and they
decided to appeal to the High Court to seek for their rights after determining their appeal the
appellant Court increased the sentence from thirty years to life imprisonment.

The question now is the life imprisonment is applicable to the two others who did not appealed?
INTRODUCTION

Armed robbery as per section 187A of Penal Code [CAP. 16 R.E. 2022], refers to person who steals
anything, and, at or immediately before or after stealing is armed with any dangerous or offensive weapon
or instrument and at or immediately before or after stealing uses or threatens to use violence to any person
in order to obtain or retain the stolen property, commits an offence of armed robbery and shall, on
conviction be liable to imprisonment for a term of not less than thirty years with or without corporal
punishment.

MAINBODY

As per section 359(1) of Criminal Procedure Act [CAP. 20 R.E. 2022], it grants rights to three of the five
offenders who were aggrieved by the Kinondoni District Court's decision the right to appeal to the High
Court after the order is made and notice to appeal. High Courts got the authority to hear the appeal.

The outcome of the Appeal of the three offenders has been altered with the High Court as per Section
366(1) (b)of Criminal Procedure Act [CAP. 20 R.E. 2022], In an appeal against a sentence, the sentence
can be increased, decreased, or changed in nature, also as per Section 366(4) Criminal Procedure Act
[CAP. 20 R.E. 2022] it gives High Court authority to impose harsher punishment than that imposed by
the Kinondoni District Court, which was the 30-year sentence.

Once the sentence is passed, the person who is dissatisfied required to give notice of his intention to
appeal and to file his petition of appeal, this implies that three people out of five were dissatisfied with the
decision made by Kinondoni District Court and give their intentions to appeal to the higher court on the
basis of law, it’s decision will only have applied to those who give the intention to appeal. As per section
359 of Criminal Procedure Act [CAP. 20 R.E. 2022].

An appeal from any finding, sentence, or order shall not be entertained with High Courts unless the
appellant has given notice of his intention to appeal within ten days of the date of the finding, sentence, or
order as per section 361(1) (a), Subject to subsection (2) of Section 359 of the Criminal Procedure Act
[CAP. 20 R.E. 2022]. Implies that the Court will only entertain the case that has been filed for appeal with
those three out of five people because they are the only ones who have given intention to appeal, and the
decision that will be established will only be applied to three out of five people and remaining two High
Court wont entertain since are satisfied with Kinondoni District Court’s decision.

The High Court’s decision towards three appellants can also be justified with the case of Daniel Magoka
and two others v Republic, Criminal Appeal no. 494 of 2020, The Court of Appeal of Tanzania, there
were five offenders but three of them appealed from the analysis Court ordered the appeal, quash the
conviction and set aside the sentence, and the appellants be released immediately.

REFERNCES

STATUTES

 Criminal Procedure Act [CAP. 20 R.E. 2022]

 Penal Code [CAP. 16 R.E. 2022]

CASE

 Daniel Magoka and two others v Republic, Criminal Appeal NO. 494 of 2020, The Court of
Appeal of Tanzania.