19700616 TZHC Mwanza
The conviction stands as the appellant pleaded guilty, but the sentence of 12 months imprisonment in default of payment of fine contravenes Section 29 of the Penal Code; imprisonment in default should not exceed 6 months.
Source-derived case information.
- Citation
- 19700616 TZHC Mwanza
- Parties
- Applicant: Elimuel Iwyamukumia; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 June 1970
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed as to conviction, allowed as to sentence
- Legal Topics
- Possession of Unlawful Liquor, Sentencing, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elimuel Iwyamukumia
Applicant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction based on guilty plea was valid
- 2 Whether the sentence imposed was lawful under Section 29 of the Penal Code
Ratio Decidendi
The conviction stands as the appellant pleaded guilty, but the sentence of 12 months imprisonment in default of payment of fine contravenes Section 29 of the Penal Code; imprisonment in default should not exceed 6 months.
Court Disposition
appeal dismissed as to conviction, allowed as to sentence
Orders
- Fine of shs 1500/- to stand
- Imprisonment in default of payment of fine reduced to 6 months
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OR TANZANIA AT IfWANZA. APPELLATE JURISDICTION CRLJIINAL AR. EAL NO. 310 OP 1970. ORIGINAL CRILIINAL CASE NO. 37 OF 1970. OF THE DISTRICT COURT OF BUKOBA DISTRICT AT BUKOBA. A Before: OUmurum, isq. Magistrate ELIIMTUEL IWYAMtJKMIA.. . . . . . . APP IJANT (Original Accused) VERSUS THE REPUBLIC. . . . . . 4 . . .RESP0NDEN . . (Original Prosecutor) Pharge Being inpossession of Unlawful Liquor • known as iIos1j c/s 30 Act No, 62 of 1966. ai, authorized by G.N. 451 of 1968. 3UDGEHiIT. V NS.MnzavasAgJ. . S -• . • T'ierc is no merit in the appeal aga i ns tV conviction because the appellant clearly and unequivocally 1eaded.gui1ty to the offence of V heng in possession of Native liquor connuonl3r known asUoshi. As for sentence the sentence of 12 months imprisonment is in contravention of Section 29 of the penal code which hows that imprisonment in default of payment of fine should not exceed 6 months imprisonment. The sentence of shs 1500/— fine is to stand but the appellant is to suffer 6 months imprisonthent only in default. Dated at Mwanza this 18th day ofJune, 1970. V V ( N . V AG. JUDGJ. Mwanza, - V I