claud emmanuel and another vs republic 2019 tzhc 2177 21 october 2019
Custodial sentence reduced due to applicants' inability to pay fine and hard-economic situation; immediate release ordered unless held for other lawful cause, followed by deportation.
Source-derived case information.
- Citation
- claud emmanuel and another vs republic 2019 tzhc 2177 21 october 2019
- Parties
- Applicant: Claude s/o Emmanuel; Applicant: Baraka s/o Gilbert J; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 October 2019
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- sentence reduced; immediate release ordered; deportation ordered
- Legal Topics
- Unlawful Presence, Sentencing, Deportation
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Claude s/o Emmanuel
Applicant
Baraka s/o Gilbert J
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the sentence imposed on the applicants was appropriate given their status as first offenders and guilty plea
Ratio Decidendi
Custodial sentence reduced due to applicants' inability to pay fine and hard-economic situation; immediate release ordered unless held for other lawful cause, followed by deportation.
Court Disposition
sentence reduced; immediate release ordered; deportation ordered
Orders
- Applicants to be released from prison unless held for other lawful cause
- Applicants to be deported to Burundi
Full Case Text
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