athanasi madenga and another vs republic 2019 tzhc 2168 23 october 2019

athanasi madenga and another vs republic 2019 tzhc 2168 23 october 2019

The applicants' sentences were reduced due to their status as refugees, inability to pay fines, and the fact that they were brought to the game reserve by Tanzanians for work, making immediate release just and equitable.

Citation
athanasi madenga and another vs republic 2019 tzhc 2168 23 october 2019
Parties
Applicant: Athanasi s/o Madenga; Applicant: Ndimishiye s/o Richard; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 October 2019
Procedural Posture
Criminal Revision / Judgment
Outcome
sentence reduced; immediate release ordered
Legal Topics
Unlawful Entry, Wildlife Conservation, Sentencing, Refugee Rights
Source Language
English
Criminal Law Unlawful Entry Wildlife Conservation Sentencing Refugee Rights

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Parties

Athanasi s/o Madenga

Applicant

Ndimishiye s/o Richard

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Judgment

Legal Issues

  1. 1 whether the applicants' sentences should be reduced given their circumstances as refugees and inability to pay fines

Ratio Decidendi

The applicants' sentences were reduced due to their status as refugees, inability to pay fines, and the fact that they were brought to the game reserve by Tanzanians for work, making immediate release just and equitable.

Court Disposition

sentence reduced; immediate release ordered

Orders

  • Applicants to be released from prison forthwith unless held for other lawful cause.
  • Applicants to be handed over to Nduta Refugees Camp management for handling according to refugee status.