19710609 TZCA Dar es Salaam3

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.

Citation: 19710609 TZCA Dar es Salaam3
Parties: Appellant: Bakari Hussein; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 9 June 1971
Procedural Posture: Criminal Appeal / Judgment
Outcome: Fine reduced on appeal
Legal Topics: Reckless Driving, Sentencing, Imprisonment in Default of Fine
Source Language: English

Criminal Law Traffic Law Reckless Driving Sentencing Imprisonment in Default of Fine

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Parties

Bakari Hussein

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the fine imposed for reckless driving was manifestly excessive
2 Whether the sentence of imprisonment in default contravened section 29(iv) of the Penal Code

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.

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