19700722 TZHC Dar es salaam
The appeal lacks merit and is dismissed; the lower court's discretion regarding sentencing is not interfered with due to appellant's prior record and recent good conduct.
Source-derived case information.
- Citation
- 19700722 TZHC Dar es salaam
- Parties
- Appellant: Bakarj Mohamedi; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 July 1970
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Burglary, Stealing, Sentencing, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bakarj Mohamedi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 whether the conviction and sentences imposed by the lower court were correct
- 2 whether the appellant's previous convictions warranted enhancement of sentence
Ratio Decidendi
The appeal lacks merit and is dismissed; the lower court's discretion regarding sentencing is not interfered with due to appellant's prior record and recent good conduct.
Court Disposition
appeal dismissed
Orders
- appeal dismissed in toto
Full Case Text
Judgment text and source record
1 paragraphs
I . Criminal Form No. 33 (Ap roved by the High Court Judgment or Order on Appeal (s. 320) under Setion 352 of the Crimnil Proedure Code). Summary rejection (s. 317) IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM APPELLATE JURISDICTION CRIMINAL APPEAL No ......... 411 or 19......70 144 68 Original Criminal Case No ........................................... of 19 ...... of the District Court of .............. ................... District at............ IJh eza before .......... . N ..... CR{ 3I1rDistrict Magistrate. Bakarj Mohamedi. Appellant (Original Accused) J versus THE REPUBLIC. ................... . .............. . ...................................................... Respondent (Original Prosecutor) CHARGE: 3 counts: of burg1arr c/s 294 (1) of the Penal code Cap. 16. 3 counts: of Stealing c/s 265 of the Penal Code Cap. 16. JUDGMENTi931)i HAMLYN, J — This appeal has no merit whatever and must be and is hereby dismissed. I have considered the matter of the sentences imposed and, though the appellant has a previous convictions record.which the trial magictrat correct1r refers to as "horrible", he seems to have kept out of trouble for the pact seven Iears. Such being the case, I shall not interfere with the discretion of the lower court to enhance sentences. The appea.1 is cOnsequently dismissed in toto Dar es Salam. 22,7 • 70. JUDGE. 0 P D.n 10224112-65/60m/4up