19710609 TZCA Dar es Salaam3
- Citation
- 19710609 TZCA Dar es Salaam3
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZCA
- Decision
- 9 June 1971
- Posture
- Criminal Appeal / Judgment
- Language
- English
More details
- Court
- TZCA
- Decision
- 9 June 1971
- Posture
- Criminal Appeal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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. VersiThe Republic
Respondent Counsel: State AttorneyAmounts and remedies
- Original Fine Imposed: TZS 5,000
- Reduced Fine: TZS 750
- Appellant's Monthly Salary: TZS 427
03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the fine imposed for reckless driving was manifestly excessive
- 02
Whether the sentence of imprisonment in default contravened section 29(iv) of the Penal Code
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZCA
Judgment· 9 June 1971
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
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.