A) The Facts
4.
The Applicant and one Erasto Samson were jointly charged wth stealing money
and various rtems of mlue
fom one
Habib-u
Sailion
1 Odober,
2W2, using violence and
injuring fre victim intrefacewitt a machete.
5. On 13 February,2004, the Morogoro District Court rendered its Judgment
finding the Applicant and Erasto Samson gutlty of the offence as charged.
They were both sentenced to thirty (30) years imprisonment and twelve (12)
strokes of the cane, Erasto Samson having been tried tn absenfla.
6.
On 26 February, 2004, the Applicant flled an Appeal before the High Court of
Tanzania in Dares-Salaam but that Appeal was dismissed on 12 September,
2005.
7.
On 21 September, 2005, the Applicant filed an Appeal before the Court of
Appeal of Tanzania in Dar=es-Salaam. On 27 March, 2009" the Appeal was
similarly dismissed as regards the 3O-year prison sentence. However, the
Court of Appeal amended the sentence, setting aside the corporal
punishment of twelve (12) strokes of the cane.
B) Alleged violations
B. The Applicant alleges:
"(i). That he had been charged and wrongly convicted for armed robbery
with thirty (30) year custodial sentence; that the Trial Magistrate and the
Appeal Court judges grossly erred in law and fact for having taken into
account the key testimony of Prosecution Witness PW1, Habibu Saidi
Shomari, whlch evidence does not corroborate the particulars on the
charge sheet, especially the list of the items allegedly stolen, their
respective values and the estimated total amount;
(ii). That the thtrty (30) year sentence pronounced against him by the
Trial Magistrate was not in force at the time the robbery was committed
(1 October 2OO2); that Sections 285 and 286 of the Penal Code provide
a maximum punishment of fifteen(15) years imprisonment; that the thirty
(30) year prison sentence came into force only in 2004 sequel to decree
No. 269 of 2O04, as amended and which became Section 287 A of tlre
Penal Code;
(iii)
That he was denied the right to
i
n;
€
4
-#.)