19931217 TZHC Dar es Salaam

19931217 TZHC Dar es Salaam

The sentence of nine years' imprisonment imposed by the trial magistrate was illegal as it exceeded the statutory maximum of five years for a non-scheduled offence; the conviction was otherwise proper and the compensation order was upheld.

Citation
19931217 TZHC Dar es Salaam
Parties
Appellant: Abdul Scloaa; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 December 1993
Procedural Posture
Criminal Appeal / Appellate Judgment
Outcome
Appeal dismissed except as to sentence; sentence varied.
Legal Topics
Indecent Assault, Sentencing, Compensation, Jurisdiction of Subordinate Courts
Source Language
English
Criminal Law Indecent Assault Sentencing Compensation Jurisdiction of Subordinate Courts

Case Brief

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Parties

Abdul Scloaa

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether the conviction for indecent assault was proper
  2. 2 Whether the sentence imposed was lawful
  3. 3 Whether the order for compensation was justified

Ratio Decidendi

The sentence of nine years' imprisonment imposed by the trial magistrate was illegal as it exceeded the statutory maximum of five years for a non-scheduled offence; the conviction was otherwise proper and the compensation order was upheld.

Court Disposition

Appeal dismissed except as to sentence; sentence varied.

Orders

  • Sentence of nine years' imprisonment set aside and substituted with five years' imprisonment.
  • Order of compensation of Kshs 3,000/- to the complainant upheld.