Tanzania Judgment

TZHC

19760424 TZHC Arusha

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Professional case brief

Research organized from the available case record

Source document

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

Appellant

The Republic

Respondent Counsel: Mr. May, State Attorney

Amounts and remedies

  • Fine Imposed: TZS 3,000
  • Default Imprisonment: months 6

03

Procedural history

  1. 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

  1. 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.

Source document

TZHC

Judgment· 24 April 1976

19760424 TZHC Arusha

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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Road Traffic Act 1973 section 52(a)

Legislation

Legislation referenced in the available case record.

Road Traffic Act 1973 section 63(2)

Legislation

Legislation referenced in the available case record.

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