19760424 TZHC Arusha
- Citation
- 19760424 TZHC Arusha
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 24 April 1976
- Posture
- Criminal Appeal / Appellate Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 24 April 1976
- Posture
- Criminal Appeal / Appellate Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The trial court erred by failing to inform the accused of the right to advance special reasons for a lesser penalty under section 63(2) of the Road Traffic Act 1973, necessitating a remittal for compliance with the statutory procedure.
Court disposition
case remitted to trial court
Orders
- The case is remitted to the trial court for the accused to be given an opportunity to advance any special reasons he may have for a lesser penalty.
02
Material facts
Parties
Aloisidri
AppellantThe Republic
Respondent Counsel: Mr. May, State AttorneyAmounts and remedies
- Fine Imposed: TZS 3,000
- Default Imprisonment: months 6
03
Procedural history
Posture
Criminal Appeal / Appellate Judgment
04
Questions and positions
Legal issues
Whether the trial court erred by not informing the accused of the right to advance special reasons for a lesser penalty under section 63(2) of the Road Traffic Act 1973
Party arguments
- Applicant
- The sentence imposed was too harsh and the appellant was not given an opportunity to advance special reasons for a lesser penalty.
- Respondent
- No specific argument from the respondent is recorded in the judgment.
05
Court’s reasoning
Legal principles
- 01
section 63(2) of the Road Traffic Act 1973 and prior appellate decisions
The trial court must inform the accused of the right to advance special reasons for a lesser penalty under section 63(2) of the Road Traffic Act 1973, separate from the right to plead in mitigation.
06
Ratio, limits and disposition
Ratio decidendi
The trial court erred by failing to inform the accused of the right to advance special reasons for a lesser penalty under section 63(2) of the Road Traffic Act 1973, necessitating a remittal for compliance with the statutory procedure.
Obiter and limits
- Mitigation and special reasons are distinct concepts in sentencing under the Road Traffic Act.
Court disposition
case remitted to trial court
- The case is remitted to the trial court for the accused to be given an opportunity to advance any special reasons he may have for a lesser penalty.
Source and reliance status
TZHC · 24 April 1976
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 24 April 1976
3 - I TUE HI P TJZdTL'i • LPPELLL.TE JIJRISDICT1OIT UICH COURT T. CRIINiJ TIL UO.187 OF 1975 oRIGIri TR; UO.3O 1975 OF THi DISTRICT COURT Q iCSiITRICT YT 2OSHI EFORE i. S. LNDIJVR& ent aistrate ALOISiD2RII .../'....... APPELLNT ccused) \ ve :--
TUB HIPUBLIC \ , (if1Qi Precutor) \•.•• •/ -4 1' \ ? 0. ±Lt L T - / • The appellant, ws charod aid convicted on his pIca- of uilty for the offence f Driving a motor vehicle -on the public road wit:oui; driving licence P c/s 52(a) and 63(2) of the Road. Tr.,fflc:iict 1973 and was sentenced to a fine of 3 ,000/ or- 6 tionths'imprisonment. He. is n'jw apf.oalin, aaimst the ontenoe complaininG that it was too harsh. The minimun sentence for this offence is 6 months jail or a fine of hs.3,000/= whicm is the fiiie imposed by the tria.1 court. There is heever discrcticn undor S. 63(2) to impose a lesser pcnaty if "the court for epcial reasons thinks -fit to impose a fine or a ter.... o± imprieorJment loss than the i..aaiu., fine or t erf, of imprisonment specified under -cnis sUD-sectic.n". The applicaticn of this proviso has been construed by this court in any cases as meaning that the trial court has a duty t inform the :ccused. of the substance of that proviso and to as.hi: if he has any special rcasoiiu to advance in support of a lesser penalty. This proceCure is distinct and different from that requiring the trial court to. afford the accusoi oportunJmy alter conviction, to plea in mitigation. In practice it means caat amer conviction and after the prosecution has ploaced any iacis conccrnlng sentence, the trial court should straiGht away draw tho attention of the accused to the
cu7etanco of this proviso, inco in such case there cannot be any mitigation which fells short of special reasons sufficient for the exercise of the court's discretion to impose a lessor ponaltj. The record of' the trial court shows that the accused was given only the op .ortunity to plead in mitigation but no opportunity to advance special reasons for the exorcise of the Court's discretion. Froiii the record., it is not clear to me what the apLellaIt, viho did not appear in this appeal, may say by way of special reasons if he is given that opportunity, since wht he stated in iitigati.on is personal to him and not relevanb to tho co.anission of the offence. I wi_ll .............. /2 ..'-' - j Vio- 2. I ii11 and do now reirt io jhygd,of this case lack to thV tci'I j pukrt,so th t tno a 1Jai is suoned by Ghot court to aoar belorwif aic be jivdn oppurtu.iity to advance any slJccLal resons Li-t he nçy1,ave, (r Le
JLTDGJ JuQqmsnt do1Iv3d in upon coyYthisSAL Lri1 1976 at Arusha in the jresence of ITr. r1ay; S-tate Attorn. / (F • L JLILI) FLIT/]T2 /
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