Tanzania Judgment

TZCA

19710609 TZCA Dar es Salaam3

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The fine of Shs.5,000/- was excessive given the appellant's monthly salary and the circumstances of the offence; a reduced fine of Shs.750/- is appropriate.

Court disposition

Fine reduced on appeal

Orders

  • Fine reduced to Shs.750/-
  • Any amount in excess of Shs.750/- paid by the appellant towards the fine to be refunded to him

02

Material facts

Parties

Bakari Hussein

Appellant Counsel: Mr. Versi

The Republic

Respondent Counsel: State Attorney

Amounts and remedies

  • Original Fine Imposed: TZS 5,000
  • Reduced Fine: TZS 750
  • Appellant's Monthly Salary: TZS 427

03

Procedural history

  1. Posture

    Criminal Appeal / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The fine of Shs.5,000/- is manifestly excessive and contravenes section 29(iv) of the Penal Code regarding imprisonment in default; appellant's salary is Shs.427/- per month.
Respondent
The State Attorney conceded that the fine was excessive and agreed it should be reduced.

05

Court’s reasoning

  1. 01

    Section 29(iv) of the Penal Code; judicial precedent

    Sentences must be proportionate to the offence and the offender's means; excessive fines are subject to reduction on appeal.

06

Ratio, limits and disposition

Ratio decidendi

The fine of Shs.5,000/- was excessive given the appellant's monthly salary and the circumstances of the offence; a reduced fine of Shs.750/- is appropriate.

Obiter and limits

  • The offence was serious as the bus left the road and could have caused multiple deaths if people had been present.
  • The appellant was lucky that no one was harmed.
  • There was no evidence of mechanical defect; the reckless driving was solely attributable to the appellant.

Court disposition

Fine reduced on appeal

  • Fine reduced to Shs.750/-
  • Any amount in excess of Shs.750/- paid by the appellant towards the fine to be refunded to him

Source and reliance status

TZCA · 9 June 1971

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Judgment reading view

Judgment text

The complete available source text.

Source document

TZCA

Judgment· 9 June 1971

19710609 TZCA Dar es Salaam3

J ~-IL IN THE, HIGH CORP OF PANZANIA

AT BAR ES SALAAM Criminal Appeal No. 226 of 1 97 1 Original Criminal Traffic Case Not 497 of 1971 of the District Court of Bar cc Salaam District at Dar cc Salaam Before: 3, K. Bwahama, Esq., Resident Ilagistrate I3AKARI HUSSEIN .,. . •, • . a a a • . .••. a. . . •.• •.. . . .. . . APPELLANT versus THIJ REPUBLIC ... .. . • .o . . .. a a a a. a a a a a. a.,. a a. a a a a a. RSPONDE1T CHAR GEs Reckless driving on the public road c/s 45(1) of the Traffic Ordinance, Cap.

168.

JUDGMENT S. PATEL AG.

3. The appellant was convicted of reckless driving on public road by the District Court of Dar es Salaam on his own plea and was sentonced to a fine of Shsa5,000/- or 2 years' imprisonment in default. Ir. Versi for the appellant submitted that the fine is manifestly excessive and it contravenes the provision of section 29(iv) of the Penal Code as regards the imprisonment in default. Mr, Verci quoted several authorities in relation to the fine. He said the salary of the appellant is Shs.427/- per month. The learned State Attorney conceded that the fine indeed was excessive and said it should be reduced. The appellant is earning She 427/- per month as a driver. A fine of Shs.5, 000/- is indeed very excessive. Bearing all circumstances in mind, particularly the fact that the bus left the road and went about 56 feet before it came to a stop the offence is indeed a serious one. Luckily there was not a group of people or any human being on its way, Otherwise many deaths could have been caused by this act of the appellant. The appellant was indeed very lucky. The Vehicle Lispeclor's report does not say that the brakes were defective nor does it say that the steering was defective. This would clearly mean that the appellant drove the vehicle rookiesslye it becomes more dangerous when one considers that he was driving a bus full of passengers. Bearin' all these factors in mind I reduce the fine to Shs.750/ - . I order that any amount in excess of Shs.75 0/- paid by the appellant towards fine be refunded to him. Delivered in Court at Bar es Salaaiu this 9th day of June, 1971. (j. B. PATEL) AG. JUDGE Now

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Section 45(1) of the Traffic Ordinance, Cap. 168

Legislation

Legislation referenced in the available case record.

Section 29(iv) of the Penal Code

Legislation

Legislation referenced in the available case record.

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