bizimana swaibu vs republic 2019 tzhc 2162 18 october 2019
The conviction is upheld, but imprisonment is substituted with an order for immediate repatriation to the refugee camp, as keeping a refugee in prison is unnecessarily burdensome to the nation.
Source-derived case information.
- Citation
- bizimana swaibu vs republic 2019 tzhc 2162 18 october 2019
- Parties
- Applicant: Bizimana s/o Swaibu; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 October 2019
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- Conviction upheld; sentence varied.
- Legal Topics
- Refugee Law, Sentencing, Jurisdiction of High Court, Revision of Lower Court Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bizimana s/o Swaibu
Applicant
The Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the conviction and sentence of the applicant by the trial court were correct, legal, and proper
- 2 Whether imprisonment is an appropriate sentence for a refugee convicted of leaving a designated area without a permit
Ratio Decidendi
The conviction is upheld, but imprisonment is substituted with an order for immediate repatriation to the refugee camp, as keeping a refugee in prison is unnecessarily burdensome to the nation.
Court Disposition
Conviction upheld; sentence varied.
Orders
- Imprisonment sentence substituted with immediate repatriation to Nduta refugee camp.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (Kigoma District Registry) AT KIGOMA CRIMINAL REVISION NO. 9 OF 2019 (Original Criminal Case No. 244 of 2019 of the District Court Kibondo before F. Y. MBELWA-RM) BIZIMANA S/O SWAIBU........................................ 1ST APPLICANT VERSUS THE REPUBLIC............................................................ RESPONDENT JUDGMENT 18/10/2019 & 18/10/2019 I.C. MUGETA, J. The applicant complained of his trial, conviction and sentence. These revision proceedings were opened to consider the correctness, legality and propriety of the proceedings, finding and sentence of the trial court. On the hearing date the applicant was absent with notice. Robert Magige, learned State Attorney appeared for the Republic. He submitted that no error is apparent In the record of the trial court in its proceedings, finding and sentence. He, however, suggested that the applicant being a refugee, does not deserve to be outside refugees camps, therefore, his imprisonment sentence should be substituted with order for taking him i ^4? back to the refugee camp. He had been convicted of leaving the designated area without permit therefore staying in prison and being taken care of unnecessarily burden to our Nation. I agree. It is expensive to keep a refugee as a prisoner. While I uphold his conviction, I hereby substitute his imprisonment with an order to repatriate him to Nduta refugees camp with immediate effect. I.C. Mugeta, Judge, 18/10/2019 Court: Delivered in chambers before Robert Magige, State Attorney for the Respondent. Sgd: I.C. Mugeta, Judge, 18/10/2019 2