19700218 TZHC Mwanza2

19700218 TZHC Mwanza2

Imprisonment was not warranted for a first offender absent aggravating circumstances; a fine was sufficient for driving whilst efficiency was impaired by drink, and absolute discharge was appropriate for careless driving.

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

Case Brief

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Parties

Hasudi Hasanl

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed for driving whilst efficiency was impaired by drink and careless driving was appropriate for a first offender

Ratio Decidendi

Imprisonment was not warranted for a first offender absent aggravating circumstances; a fine was sufficient for driving whilst efficiency was impaired by drink, and absolute discharge was appropriate for careless driving.

Court Disposition

appeal allowed in part

Orders

  • Sentence for driving whilst efficiency was 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 stands