19740522 TZCA Dar es Salaam2

THE HIGH COURT OF TANZANIA AT DAR ES SALAAM APPELLATE JURISDICTION CRIMINAL APPEAL NOo 41 oooooooooooooooooOF 1974 ORIGINAL CRIMINAL CASE NOo 615 00000000•·•0000000_.oooooooooOF 1973 OF THE DISTRICT COURT OF MOROGORO DISTRICT ATooooooooooooMOROGORO BEFORE Wo So MANDIA Esqo, o o o o o o o o o o o o o o o o o o o oRESIDENT MAGISTRATE KALOLI HENRY MAT ATIZO o o o o o o o o o o o o o o o o oo o o. o o o o o o o o o o o o o o o o APPELLANT (Original Accused) versus THE REPUBLICooooooooooooooooooooooooooooooooooooooooooooRESPONDENT (Original Prosecutor) -OoO- CHARGE: 1st Count: Unlawful manufacture of Moshi without a licence c/s 3(1)(2} of the Manufacture and Distillation Act No·o 62 of 1966 .. 2nd Count: Unlawful possession of Moshi c/s 30 of the Manufacture and Distillation Act Noo 62 of 1966 .. . ~ \. REASONS FOR JUDGMENT BRAMBLE, J .. The appellant was convicted on two charges of manufactur- ing moshi without a licence and being in unlawful possession of moshi and sentenced to terms of two years imprisonment on each count running concurrentlyo The appeal came on for, hearing on the 8th May, 1973, when I allowed the appeals as to sentence only and varied the sentences to such terms as would result in the appellant's immediate releaseo The appellant had a licence to manufacture moshi and sell it to an agent and this expired on the 30th September, 19730 On the 23rd October, 1973 the police visited his premises, found him actually manufacturing moshi and also in possession of two drums of processed moshio The appellant did not dispute these facts and the convictions were soundo As to mitigation of penalty the appellant said that he wrote a letter to the Town Council on the 15th August, 1973 for a renewal of his licence and he got no reply. An officer of the Town Council was called and did not deny that such a letter was written. This may not have been the proper· procedure for obtain- ing a renewal but the appellant would :in the circumstances have expected guidance from the Town Council, In any case, although licences operated from 1st October to 30th March the grant of one would depend on the sitting of the Board and it· did not follow that licences are always granted in timeo It is not usual for a licensee to close down his businees until he has received a renewalo The Republic agreed that the appellant was technically guilty of the offences charged but considered the sentences manifestly o•oo/2 manifestly excessive. I was in full agreement and made the order mentioned above. Delivered in Court at Dar es Salaam this 22nd day of May, 19740 C. E. Bramble_,..,.,,-:_,,.. J U D G E