19790514 TZHC Tanga1

19790514 TZHC Tanga1

Convictions upheld based on evidence that appellants were involved in taking sorghum from the store; sentences reduced as Minimum Sentences Act does not apply to persons under eighteen and doubt about third appellant's age resolved in her favour.

Citation
19790514 TZHC Tanga1
Parties
Appellant: Asha d/o Ally; Appellant: Asha d/o Mhando; Appellant: Mariam d/o Salehe; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 May 1979
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal against convictions dismissed; appeal against sentences allowed; sentences reduced to result in immediate release unless detained for other lawful cause.
Legal Topics
Store Breaking, Stealing, Sentencing, Minimum Sentences Act, Penal Code Section 296(1)
Source Language
English
Criminal Law Store Breaking Stealing Sentencing Minimum Sentences Act Penal Code Section 296(1)

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Parties

Asha d/o Ally

Appellant

Asha d/o Mhando

Appellant

Mariam d/o Salehe

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether appellants were the persons who broke into the village store and stole eight bags of sorghum
  2. 2 Whether appellants were properly convicted
  3. 3 Whether sentences imposed were appropriate given age and circumstances

Ratio Decidendi

Convictions upheld based on evidence that appellants were involved in taking sorghum from the store; sentences reduced as Minimum Sentences Act does not apply to persons under eighteen and doubt about third appellant's age resolved in her favour.

Court Disposition

Appeal against convictions dismissed; appeal against sentences allowed; sentences reduced to result in immediate release unless detained for other lawful cause.

Orders

  • Sentences imposed on appellants reduced to result in immediate release from jail unless detained for other lawful cause