19700914 TZHC Dar es salaam

19700914 TZHC Dar es salaam

The appellant's reasons for avoiding disqualification were not special to the case and therefore did not constitute 'special reasons' under the law; the fine was reduced due to the appellant being a first offender with a small income.

Source-derived case information.

Citation
19700914 TZHC Dar es salaam
Parties
Appellant: Appellant (Original Accused); Respondent: The Republic (Original Prosecutor)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 September 1970
Procedural Posture
Criminal Appeal / Judgment/order on Appeal
Outcome
Appeal against disqualification dismissed; fine reduced.
Legal Topics
Driving Under Influence, Sentencing, Disqualification From Driving
Source Language
english
Criminal Law Traffic Law Driving Under Influence Sentencing Disqualification From Driving

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant (Original Accused)

Appellant

The Republic (Original Prosecutor)

Respondent

Procedural Posture

Criminal Appeal / Judgment/order on Appeal

Legal Issues

  1. 1 Whether the sentence and disqualification order imposed for driving whilst impaired by drink were appropriate
  2. 2 Whether the appellant provided 'special reasons' to avoid automatic disqualification

Ratio Decidendi

The appellant's reasons for avoiding disqualification were not special to the case and therefore did not constitute 'special reasons' under the law; the fine was reduced due to the appellant being a first offender with a small income.

Court Disposition

Appeal against disqualification dismissed; fine reduced.

Orders

  • Fine reduced to Shs.200/- or 4 months' imprisonment in default of payment.
  • Disqualification order from holding or obtaining a driving licence for 3 years upheld.