The Appellant and two others were charged with the offence
of robbery with violence contrary to sections 285 and 286 of the Penal Code in
a Primary Court. The prosecution case was that during the midnight of
22/10/2003 at Liwilu Village, Ruangwa District the house of the complainant was
invaded by a gang of armed bandits. The door was broken and sixteen (16) bags
of cashew nuts were stolen by the bandits and loaded in their Motor Vehicle
Lorry Reg. No. TZJ 536. The accused did not attack and injure the complainant
nor any member of his family but managed to threaten and intimidate them to the
tooth. The Primary Court relying substantially on the evidence of one of the
co-accused found them guilty, convicted them and sentenced them to fifteen
years’ imprisonment. On appeal to the District Court the appeal by the two
accused persons was allowed but the District Court confirmed the conviction and
sentence of the Appellant. The Appellant appealed to the High Court.