The Appellant was charged in the District Court of Korogwe with two counts under the Penal Code [Cap 16 R.E. 2002]. In the 1st count, he was charged with the offence of burglary contrary to section 294 (2) and in the 2nd count, the offence of stealing contrary to section 265. He was consequently sentenced to 20 years and seven years’ imprisonment on the 1st and 2nd counts respectively. The sentences were to run concurrently. The Appellant was aggrieved and thus appealed to the High Court against conviction and sentence. With regard to the sentences, the sentence of twenty years’ imprisonment was upheld because it was the statutory minimum, the sentence of seven years’ imprisonment on the 2nd count was found to be excessive and, as a result, was reduced to three years’ imprisonment.
Aggrieved further, the Appellant preferred this second appeal. From the grounds of appeal, the Appellant was basically challenging the decision of the High Court contending that it was erroneous in that it upheld the trial court’s decision which was founded on contradictory and unreliable evidence.