19700218 TZHC Mwanza2

Imprisonment should not be imposed on a first offender for driving while impaired by drink unless there are aggravating circumstances; in the absence of such circumstances, a fine is appropriate.

Citation: 19700218 TZHC Mwanza2
Parties: Appellant: Hasudi Hasani; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 18 February 1970
Procedural Posture: Criminal Appeal / Judgment on Appeal Against Sentence
Outcome: appeal allowed in part
Legal Topics: Careless Driving, Driving Under the Influence, Sentencing, First Offender
Source Language: English

Criminal Law Traffic Law Careless Driving Driving Under the Influence Sentencing First Offender

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Parties

Hasudi Hasani

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

1 Whether imprisonment was appropriate for a first offender convicted of driving while impaired by drink and careless driving
2 Whether the sentence imposed was excessive in the circumstances

Ratio Decidendi

Imprisonment should not be imposed on a first offender for driving while impaired by drink unless there are aggravating circumstances; in the absence of such circumstances, a fine is appropriate.

Court Disposition

appeal allowed in part

Orders

Sentence for driving while impaired by drink varied to a fine of shs.500/- or 2 months imprisonment in default.
Order for disqualification from holding or obtaining a driving permit for 12 months to stand.