Florence Elias vs Republic

Florence Elias vs Republic

Both criteria for complaint under Regulation 40(1) are met; offender breached conditions and disciplinary procedure requires further warnings before revocation. Offender to be released and continue community service with existing conditions; community service officer to issue 2nd and 3rd warnings.

Citation
Florence Elias vs Republic
Parties
Offender: Florence S/O Elias; Prosecution: Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 September 2020
Procedural Posture
Criminal / Review of Community Service Order
Outcome
community service order maintained with further warnings
Legal Topics
Attempted Murder, Community Service, Breach of Community Service Conditions, Disciplinary Proceedings
Source Language
English

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Parties

Florence S/O Elias

Offender

Republic

Prosecution

Procedural Posture

Criminal / Review of Community Service Order

  1. 1 Whether the offender breached conditions of the community service order
  2. 2 Whether amendment or revocation of the community service order is warranted

Ratio Decidendi

Both criteria for complaint under Regulation 40(1) are met; offender breached conditions and disciplinary procedure requires further warnings before revocation. Offender to be released and continue community service with existing conditions; community service officer to issue 2nd and 3rd warnings.

Court Disposition

community service order maintained with further warnings

Orders

  • Community service officer to issue 2nd and 3rd warnings as per Regulation 37(1)
  • Offender to be released and continue serving community service order under existing conditions