20190920 TZHC Arusha
- Citation
- 20190920 TZHC Arusha
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 20 September 2019
- Posture
- Criminal Revision / Ruling
- Language
- English
More details
- Court
- TZHC
- Decision
- 20 September 2019
- Posture
- Criminal Revision / Ruling
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The sentence of imprisonment imposed on the applicant, a minor aged 16 years, was illegal as per Section 116(1) of the Law of the Child Act, and must be quashed and set aside.
Court disposition
sentence quashed and set aside; applicant to be released unless otherwise lawfully held
Orders
- The sentence passed on the applicant is revised, quashed, and set aside.
- The applicant should be released from prison unless otherwise lawfully held.
02
Material facts
Parties
Juma Iddi
ApplicantSalome Tluway
RespondentAmounts and remedies
- Applicant's Age: 16
- Imprisonment Term (months): 6
03
Procedural history
Posture
Criminal Revision / Ruling
04
Questions and positions
Legal issues
- 01
Whether the sentence of imprisonment imposed on a minor was lawful
- 02
Whether the sentence should be revised and set aside
Party arguments
- Applicant
- The applicant was a minor aged 16 years at the time of conviction and sentencing, making the imprisonment sentence illegal under the Law of the Child Act.
- Respondent
- No argument from the respondent is recorded in the ruling.
05
Court’s reasoning
Legal principles
- 01
Section 116(1) of the Law of the Child Act, No. 21/2009
A child offender cannot be sentenced to imprisonment unless specifically provided by law.
06
Ratio, limits and disposition
Ratio decidendi
The sentence of imprisonment imposed on the applicant, a minor aged 16 years, was illegal as per Section 116(1) of the Law of the Child Act, and must be quashed and set aside.
Court disposition
sentence quashed and set aside; applicant to be released unless otherwise lawfully held
- The sentence passed on the applicant is revised, quashed, and set aside.
- The applicant should be released from prison unless otherwise lawfully held.
Source and reliance status
TZHC · 20 September 2019
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 20 September 2019
IN THE:HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA ·! ... ·• I IN THE DISTRICT REGISTiRY OF ARUSHA ·
AT ARUSHA (PC) CRIMINAL REVISION NO. 11/2017 (Originating from PC Criminal Case No. 382/2017 in the Prim_ary court of Babati District at .Babati) JU MA IDDI .... ■ •••••••••••••••••••••••••••••••• ••••• i......... I ■■ ••••••••••••• • APPLICANT I VERSUS.I ' I SALOME TLUWAY...............................•........................ RESPONDENT I I RULING: ! COURT: Upon visiting the Babati prison as part of supervision of lower I court on 19/09/2017, this court noticed f~om a complaint of one Juma Iddi . who was charged with two others of the offence of Theft c/s 205 of the Penal Code, Cap 16 R.E 2002. Upon qmviction they were sentenced to I serve an imprisonment term of 6 months. However, even from the first appearance, the second accused was a:I child of below 17Yrs,. · When he I was ·asked, he declared his age to be 16 I yrs old and upon perusal of the records, the 2nd accused while testifying, in defence, he declared his age to I be 16 yrs old. Owing to that fact and having satisfied myself that the 2nd accused in Babati Primary Court Criminal case No.; 382/2017 is a minor of 16 yrs of . age; it follows that the sentence passed against him is illegal. Section 116 · (1) of the Law of the Child Act, No. 21/2009 provides for sentence that may be passed on a child offender and no imprisonment sentence has I 1 l I · · "'·' -·: ·: been·,:prestribed/ Ifis·on·those grounds that I·have
directed myselftinthe ·, · _interest of.:jLJstice tha~ ~_call· the records of Babati P.r,imary._Court (;riminal Case No. 382/2017 and revise the sentence so passed on the 2nd accused/ applicant herein. Consequently, the sentence so passed ~n the 2nd accused Juma Iddi is hereby revised, quashed and set aside. He should be r~leased from prison henceforth unless he is otherwise lawfully held. It is so ordered. SGD:S.M. MAGHIMBI . '
JUDGE . 20/09/2019 . I hereby certify this to be a true copy of the original
DEPUTY REGISTRAR HIGH COURT - ARUSHA 2 I
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