commenced his sentence on 3 June 1998 and is currently serving his 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, hecannot 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 it is satisfied that the accused's attendancn 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 add res~ the court on matters relevant to any sentence which the court may pass; and 13