19710717 TZHC Arusha
- Citation
- 19710717 TZHC Arusha
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 17 July 1971
- Posture
- Criminal Appeal / Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 17 July 1971
- Posture
- Criminal Appeal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appellant's systematic theft justified a severe sentence, but the original cumulative sentence of 36 months was manifestly excessive. Sentences should run concurrently, resulting in a total of 16 months imprisonment.
Court disposition
appeal partially allowed
Orders
- Sentence on counts 1 to 16 confirmed
- Sentence on count 17 set aside and substituted with 16 months imprisonment
- All sentences to run concurrently
- Appellant to pay compensation to complainant on each count in the amount stated in the charges
02
Material facts
Parties
Appellant (name not specified)
AppellantComplainant (name not specified)
ComplainantAmounts and remedies
- Original Total Imprisonment: 36
- Revised Total Imprisonment: 16
03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the appellant was guilty of theft by agent contrary to section 273(b) of the Penal Code
- 02
Whether the sentence imposed was excessive
Party arguments
- Applicant
- Appellant admitted conducting business but did not explain failure to remit money; appeal was mainly on grounds that sentence was excessive.
- Respondent
- Evidence showed systematic theft by agent; sentence was appropriate given the seriousness of the conduct.
05
Court’s reasoning
Legal principles
- 01
Judicial discretion and sentencing principles
Sentences should reflect the seriousness and systematic nature of the offence, but must not be manifestly excessive.
- 02
Penal Code, section 273(b)
Theft by agent is punishable under section 273(b) of the Penal Code.
06
Ratio, limits and disposition
Ratio decidendi
The appellant's systematic theft justified a severe sentence, but the original cumulative sentence of 36 months was manifestly excessive. Sentences should run concurrently, resulting in a total of 16 months imprisonment.
Obiter and limits
- The method of imposing imprisonment without the option of a fine is severe punishment.
- The appellant was a first offender, which should be considered in sentencing.
Court disposition
appeal partially allowed
- Sentence on counts 1 to 16 confirmed
- Sentence on count 17 set aside and substituted with 16 months imprisonment
- All sentences to run concurrently
- Appellant to pay compensation to complainant on each count in the amount stated in the charges
Source and reliance status
TZHC · 17 July 1971
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 17 July 1971
- j - - 19 THEU COJRT '1A AT ti 111iLiJi AMMGMT101T GflIJIU14 arPEAI NO. 10 OF 1971 O1IGT1IJL 0RIJ111-1 CAISS 10 540 OF 1970 0i 71M M`OTRICT C01MLT cr nci AT 3ei'ore R.11% Ka-imotoi Eq., Reidnt Vag ictrat* o 1J$x PW 'U13LXC. * • cg bi, Agen't Cottrry to s ection 273 (b ) Of the Pe1 Cocl*. The ppe1a1ti uns convioted on 17 oounti or tea1ing by Agent Oonrar7 t rotion 273 (Tb) or the Renal Code. 'rid war. an ingarence agert and ever a period from 29th jah o ury, 1968 to 8optembcr t 1970 he o1,ieote mote,y fron patiple an firt preniums for Innuranco poiloie. He did bot pay these munivto kie pricipL K. &de an taneorn i7tatemant in hiC de'eoc and admittedat he did buninest in t ea. He did not give any explznation aro to wb e did not remit th money oicota. On 4& ha evid-ence adduced the oort had no e1torint1ve hut to convot the appellant :ou the ievara1 ohre. The ppe& wa rni 4ttd lei in the groin?i th tb nteue appeared to he ezoeneive. Terms of imprinoftmont ran ing from nito monTh to ai othe were ipkoeed iTh eome runn.ini con iutive1y and soM4 oorent1. The raoult waa that the appe.lnt had to nerve a toti of 36 nonthe impriBon- pent. The term in ech ooe was in keeping with the amount of money i..oied. Since the action & the appo11nt wao syGtomatic the oonrt we entitled to take a werloda vlow and. ioe a heavy aantanc6 e1thouh he a tirt ot?der. it adopted a rathtr aiberaome rnethoeLe
impriionmnt withoat te opti)on ol' fine iL itzeir a rsevere ptmichment arid I rsic1or that a t?rtii of three otr niifeetly exceaive. X will confirm the senteroe, on count 1 to 16 set eoide the eentence in count no. 17 and cubatitute a centonce of IS monthe iriipriron- mert and order tht the Zentences e1in1d DUfl ooneurrentiy. The re.alt in thAt the appellent will morve 16 øntbri prinmen t. I further order that the apellant py corn netion to 1,he complainant on each count in the amount etated in the oharei. The appe1a Pagainst contenco are allowed to the extent indiceted abwe. 1ivred in Court at Aruaha the day of July, 1971•. (c,. 3IA3LE) jam
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