II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the record that on 31 March 2007, in Shonguliba Village,
Kasuli District in Kigoma Region, the Applicant, in the company of four (4)
other individuals who are not party to these proceedings, stole money, a
cellular phone, maize, and a bicycle from the family home of Stephano
Selekwa. In the course of the theft, Stephano Selekwa and his wife were
beaten and seriously injured. According to the record, the Applicant, who
was armed with a gun, fired shots in the air to ward off neighbours seeking
to assist the victims.
4.
The Applicant was arrested on 13 December 2007 and charged with the
offence of armed robbery as set out in sections 285 and 286 of the
Respondent State’s Penal Code. He was subsequently tried, and convicted,
on 18 February 2009, by the District Court of Kasulu and sentenced to thirty
(30) years imprisonment and a fine of Tanzanian Shillings Two Hundred and
Fifty Thousand (TZS 250 000).
5.
The Applicant appealed against his conviction and sentence before the High
Court of Tanzania sitting at Tabora. On 6 May 2013, his appeal was
dismissed for lack of merit.
6.
The Applicant further appealed to the Court of Appeal of Tanzania sitting at
Tabora which, on 20 June 2014, dismissed his appeal thereby upholding
the conviction and sentence.
7.
The Applicant then applied to the Court of Appeal for review of the said
decision, which was dismissed for lack of merit on 25 August 2017.
B. Alleged violations
8.
The Applicant alleges the following:
3
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