commenced
his
his sentence on 3 June 1998 and is currently serving
sentence
at Karanga
Central
Prison
at Moshi,
Kilimanjaro
Region.
27.
The Applicant appealed against his conviction and sentence,
vide Criminal
Appeal
Number
82 of 1998
at the
High
Court of
Tanzania at Moshi. This appeal was dismissed on 23 March 2000.
The High Court held that, as the Applicant did not appear when the
case was fixed for the defence, he cannot
blame the trial court for
convicting him in absentia, on the strength of the prosecution’s case.
The High Court found that the trial magistrate acted properly under
section 227 of the Criminal Procedure Act and that the sentence of
thirty
(30)
years’
imprisonment
is
the
statutory
minimum
and
therefore dismissed the appeal in its entirety. Section 227 of the
Criminal Procedure Act provides as follows:
“Where in any case to which section 226 does not apply, an accused being tried
by a subordinate court fails to appear on the date fixed for the continuation of
the hearing after the close of the prosecution case or on the date fixed for the
passing of sentence, the court may, if itis satisfied that the accused’s attendance
cannot be secured without undue delay or expense, proceed to dispose of the
case in accordance with the provisions of section 231 as if the accused, being
present, had failed to make any statement or adduce any evidence or; as the
case may be, make any further statement or adduce further evidence in relation
to any sentence which the court may pass:
Provided
that - (a) where
the accused
so fails to appear
but his advocate
appears, the advocate, subject to the provisions of this Act, be entitled to call
any defence witness and to address the court as if the accused had been or is
convicted, and the advocate shall be entitled to call any witness and to address
the court on matters relevant to any sentence which the court may pass; and
en
os
13