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Ibrahim Karume v. R., Crim. App. 636-D-69; 11/2/70; Makame Ag. J.



Ibrahim Karume  v. R., Crim. App. 636-D-69; 11/2/70; Makame Ag. J.

Ibrahim Karume was convicted of threatening violence contrary to section 89(2) of the Penal Code, and sentenced to a fine of Shs. 150/= four months’ imprisonment. He now appeals. According

 To the prosecution, the appellant went with a panga to the house of the complainant, All Nassoro, where he seized him by the neck, felled him to ground, and sat on him. With the help of two companions, he managed to release himself from the appellant’s grip and went to report the assault to the local TANU Chairman.

            Held: (1) “The trial magistrate found that the prosecution story was true, and I am satisfied that on the evidence on record the magistrate was perfectly entitled to do so.” (2) “However, I have searched the record for any evidence of threatening violence and found none …… I accept as true that the appellant went to the complainant’s house with a panga, but I find that there is no evidence that he said he was going to use it, nor did he in any way behave in a manner which would necessarily suggest that he had any intention to use the panga. I cannot hold that on the facts of the case the mere act of carrying a panga, without more, constituted a threat of violence.” (3) “It is not possible to resort to section 181 of the Criminal Procedure Code and substitute for the lower court’s conviction a conviction for creating a disturbance, for which there is evidence because creating a disturbance is not a lesser offence; and there is no other statutory provision to cover a case like this. The appeal must therefore, regrettably succeed.”

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