20151109 TZHC Dodoma

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IN THE RESIDENT MAGISTRATE COURT OF DODOMA

ATDODOMA

EXTENDED JURISDICTION PRM. CRIMINAL SESSIONS CASE NO. 14 OF 2015 (DC Criminal Appeal No. 33/2013) (Original Criminal Case No. 297 of 2012 of Dodoma District Court at Dodoma) AMOSI S/O SELEMAN Versus

THE REPUBLIC

JUDGMENT 11/11/2015 and 13/11/2015 R.I.RUTTA, PRM(EXT.JURISDICTION) The appellant one AMOSI SELEMAN was produced before Dodoma District Court and charged with Escape from lawful custody. C/s 116 of the Penal Code Cap. 16 Vol. 1 of the Laws (R.E.2002).The appellant pleaded guilty and was convicted on his I own plea and sentenced to serve 7 years in jail. He was not happy with the sentence, hence the instant appeal was preferred. In his ground of appeal the appellant said that the sentence of seven years was excessive. He called the court to reduce if. Mr. Mwamnyange the Senior State Attorney who represented the republic was not ready to support the sentence imposed. He submitted that the sentence was not only excessive but unlawful as well. Mr. Mwanyange argued that section 116 of the Penal Code do not provide for the punishment. That since it does not provide for the punishment the position is that you have to go to section 35 of the Penal Code Cap. 16 Vol.1 R.E.

2002. That under section 35 it is provided that if no punishment provided the convict should suffer in jail for a term not exceeding 2 years with option of a fine or not. He submit that the sentence of 7 years is excessive and unlawful. 2 'C '4 Having heard. the submissions by the learned counsel and having gone through the proceedings of the trial court and my clear survey on the provision of the law lam at the position to support the learned Senior State Attorney. The trial magistrate without a justifiable cause passed a sentence of 7 years to the minor offence of escape from lawful custody. The offence has an option of the fine. It has been said now and then that when the offence has an option of the fine the court should start with the fine. In the instant case the trial court did not start with a fine. In the circumstance of this case I was prepared to reduce the sentence from 7 to one year. However the appellant was sentenced to serve seven years since 27/9/2012. By simple calculation now has served the period of 3 years. It is more than the required jail term. That being the case the appellant who has served more than enough should be released forthwith unless held on other lawful cause. It is so ordered. 3 (R. I. RUTTA) PRM.EXTENDED JURISDICTION 13/11/2015 Delivered in the presence of the appellant and Ms. Mwakyusa State Attorney. Right of appeal explained. (R.I.RUTTA) PRM. EXTENDED JURISDICTION 9/11/2015 here cn he oreorg is t - flne J1( 4