aneth daniel vs republic 2019 tzhc 2158 16 october 2019

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (KIGOMA DISTRICT REGISTRY)

AT KIGOMA CRIMINAL REVISION NO. 3 OF 2019 (Original Criminal Case No. 155 of 2018 of the District Court ofKibondo at Kibondo Before M.P. Kamuntu - RM) ANETH D/0 DANIEL................................................... APPLICANT

VERSUS THE REPUBLIC............................................................ RESPONDENT

JUDGMENT 16/10/2019 & 16/10/2019 I.C. MUGETA, J. Having pleaded guilty to the offence of child stealing c/s 167 (1) (a) and (b) of the Penal Code, the applicant was convicted and sentenced to five years jail imprisonment. When a Judge visited the prison on inspection as Justice of the Peace, she complained that having pleaded guilty and being a first offender, the imprisonment punishment is undeserved. Following the complaint, the Justice of Peace ordered opening of these revision proceedings to determine the legality, correctness and propriety of the proceedings, findings and sentence. On the hearing date the applicant was absent. Happiness Mayunga, learned State Attorney, appeared for the Republic. She agreed with the 1 complaint that the sentence was excessive considering that the complainant is a first offender who pleaded guilty to the charge as a sign of remorse. She is of the view, that on that account and since the complainant he served the sentence for more than a year, the same should be substituted with orders amounting to her immediate release. I agree with the learned State Attorney. It is always undesirable to punish first offenders by imprisonment. In this case where the complainant pleaded guilty, she deserved a lenient sentence for saving time of the court and to encourage plea of guilty, as possible. Considering these factors, while I agree that the conviction

was proper. I find the sentence of five years as being excessive. Since the complainant has served a jail sentence for more than a year, I hereby find this to have been enough punishment. I, therefore, substitute the five years imprisonment sentence, with orders for her immediate release unless otherwise lawfully held for another cause. I.C. Mugeta Judge 17/10/2019 Court: Delivered in chambers before Happiness Mayunga, State Attorney and in absence of the applicant. Sgd: I.C. Mugeta Judge 17/10/2019 2