damiano qadwe vs republic 2019 tzca 37 11 april 2019

damiano qadwe vs republic 2019 tzca 37 11 april 2019

The High Court's enhancement of sentence without hearing the appellant violated section 373(2) of the Criminal Procedure Act and was a nullity; the original sentence was illegal and required enhancement to the statutory minimum.

Citation
damiano qadwe vs republic 2019 tzca 37 11 april 2019
Parties
Appellant: Damiano Qadwe; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 April 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
Revisional proceedings and order of the High Court quashed and set aside; sentence enhanced to thirty years' imprisonment.
Legal Topics
Rape, Minimum Sentencing, Revisional Jurisdiction, Right to Be Heard
Source Language
English
Criminal Law Rape Minimum Sentencing Revisional Jurisdiction Right to Be Heard

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Parties

Damiano Qadwe

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the High Court's enhancement of sentence without hearing the appellant was lawful
  2. 2 Whether the original sentence imposed by the trial court was legal

Ratio Decidendi

The High Court's enhancement of sentence without hearing the appellant violated section 373(2) of the Criminal Procedure Act and was a nullity; the original sentence was illegal and required enhancement to the statutory minimum.

Court Disposition

Revisional proceedings and order of the High Court quashed and set aside; sentence enhanced to thirty years' imprisonment.

Orders

  • Revisional proceedings of High Court in Criminal Revision No. 2 of 2015 nullified
  • Revisional order imposing enhanced sentence quashed and set aside