19830815 TZHC Mbeya
The sentence imposed by the trial magistrate exceeded the statutory maximum fine; therefore, it was illegal and must be set aside and replaced with a lawful sentence.
- Citation
- 19830815 TZHC Mbeya
- Parties
- Appellant: Appellant (unnamed); Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 15 August 1983
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied
- Legal Topics
- Sentencing, Illegal Sentence, Price Control Offences
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant (unnamed)
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed exceeded statutory limits for the offence of selling goods above maximum price
Ratio Decidendi
The sentence imposed by the trial magistrate exceeded the statutory maximum fine; therefore, it was illegal and must be set aside and replaced with a lawful sentence.
Court Disposition
sentence varied
Orders
- Illegal sentence set aside
- Fine of 10,000/= or 12 months imprisonment imposed
Full Case Text
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