19790108 TZHC Mbeya1
The sentence imposed was manifestly excessive given the appellant's personal circumstances, including being single, having no regular income, and caring for nine children. The sentence was reduced accordingly.
- Citation
- 19790108 TZHC Mbeya1
- Parties
- Appellant: Enelise D/O Jonas; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 8 January 1979
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part
- Legal Topics
- Sentencing, Liquor Licensing, Plea of Guilty
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Enelise D/O Jonas
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for selling liquor without a licence and keeping intoxicating liquor for sale without a licence was manifestly excessive
Ratio Decidendi
The sentence imposed was manifestly excessive given the appellant's personal circumstances, including being single, having no regular income, and caring for nine children. The sentence was reduced accordingly.
Court Disposition
appeal allowed in part
Orders
- Sentence reduced to shs.100/= fine or 1 month imprisonment in default on each count
- Any excess fines paid to be refunded to the appellant
Full Case Text
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