19930507 TZHC Mwanza 1

The sentence of imprisonment without the option of a fine was manifestly excessive and unlawful as the statute only permits a fine for the offence; the trial magistrate erred in law.

Citation: 19930507 TZHC Mwanza 1
Parties: Prosecutor: The Republic; Respondent: Deo John Nyanulana
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 7 May 1993
Procedural Posture: Criminal Revision / Revision Order
Outcome: sentence set aside and substituted
Legal Topics: Sentencing, Road Traffic Offences
Source Language: English

Criminal Law Traffic Law Sentencing Road Traffic Offences

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Parties

The Republic

Prosecutor

Deo John Nyanulana

Respondent

Procedural Posture

Criminal Revision / Revision Order

Legal Issues

1 Whether the sentence of imprisonment without the option of a fine for the offence under section 50(2) of the Road Traffic Act, 1973 was lawful

Ratio Decidendi

The sentence of imprisonment without the option of a fine was manifestly excessive and unlawful as the statute only permits a fine for the offence; the trial magistrate erred in law.

Court Disposition

sentence set aside and substituted

Orders

Sentence of three years imprisonment set aside; substituted with a fine of two thousand shillings or three months imprisonment in default.
Accused to be released from custody forthwith upon payment of the fine.