claud emmanuel and another vs republic 2019 tzhc 2177 21 october 2019

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
Criminal Law Immigration Law Unlawful Presence Sentencing Deportation

Source-derived case record

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Parties

Claude s/o Emmanuel

Applicant

Baraka s/o Gilbert J

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Judgment

  1. 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