19711004 TZHC Dar es salaam
The appeal is dismissed as the sentence has already been served and the appellant's claim of being a student was unsubstantiated.
Source-derived case information.
- Citation
- 19711004 TZHC Dar es salaam
- Parties
- Appellant: Appellant (unnamed, boy aged 17 years); Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 4 October 1971
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Escape From Lawful Custody, Sentencing, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Appellant (unnamed, boy aged 17 years)
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant was a student at Nyangwale Mission School
- 2 Whether there was any basis to revise the sentence after it was served
Ratio Decidendi
The appeal is dismissed as the sentence has already been served and the appellant's claim of being a student was unsubstantiated.
Court Disposition
appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
TN THE NIGH COURT OP TANZANIA AT DAR ES SALAAM OflI1INAL APPEAL No.480 OP 1970 Original Crjmiia1 Case No.154 of 1970 Of the District Court of Morogoro District at Morogoro efore A.S. Lukanga, Esq., District Magistrate versus THE REPUBLIC RESPONDENT EscapIng from lawful custody c/s 116 of the Penal Code, Oap416 of the Laws. JUDGMENT SAIDI, OJ. The appellant, a boy aged 17 years, pleaded guilty to a charge of esoapirg from lawful custody and was sentenced to 9 months imprisonment. In his petition of appeal he claimed that he hadbee a student in Nyangwale Msston School, Macwa District, As a result I tireoted the Registrar to make inquiries with the School but no replies were received for a long time and in the meantime the sentence was served. It however tuiod out that the appellant Was not 1town in that school at all. As no useful purpose would be wrved, in revising the sentence which has been Served the appeal should be treated as dismissed. Sgd. (A. SAIDI) CHIEF JUSTICE Dar es Salaam 4th October, 1971. /