19811125 TZHC Tanga
The trial magistrate exercised discretion judicially in ordering forfeiture, and the sentence imposed was not manifestly excessive given the statutory maximum.
- Citation
- 19811125 TZHC Tanga
- Parties
- Appellant: Bakarirashidi; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 November 1981
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Forfeiture, Sentencing, Illegal Transport of Agricultural Products
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bakarirashidi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed was excessive given lawful acquisition of beans
- 2 Whether the order of forfeiture was an improper exercise of discretion
Ratio Decidendi
The trial magistrate exercised discretion judicially in ordering forfeiture, and the sentence imposed was not manifestly excessive given the statutory maximum.
Court Disposition
appeal dismissed
Orders
- sentence and forfeiture order affirmed
Full Case Text
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