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Tanzania Judgment

TZHC

19830920 TZHC Arusha

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Appeals against conviction have no merit as appellants pleaded guilty; sentences were severe but appellants have already served them, so no variation is warranted.

Court disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety.

02

Material facts

Parties

LLth¼I 1BDALk11 AND OTHRE

Appellant

TH1 Rta• UI3LIC

Respondent Counsel: Mr. Mt.ingele

Amounts and remedies

  • Imprisonment on First Count: 12
  • Imprisonment on Second Count: 6

03

Procedural history

  1. Posture

    Criminal Appeal / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellants pleaded guilty and challenged the severity of the sentences.
Respondent
State attorney conceded the sentences were very severe.

05

Court’s reasoning

  1. 01

    Immigration Act 1972, general sentencing principles

    Sentences must be proportionate and consider mitigating factors such as being first offenders and guilty plea.

06

Ratio, limits and disposition

Ratio decidendi

Appeals against conviction have no merit as appellants pleaded guilty; sentences were severe but appellants have already served them, so no variation is warranted.

Obiter and limits

  • Trial court imposed severe sentences due to prevailing war in Uganda, but no evidence linked appellants to Uganda problem.
  • Trial court failed to consider appellants were first offenders and pleaded guilty.

Court disposition

appeal dismissed

  • Appeal dismissed in its entirety.

Source and reliance status

TZHC · 20 September 1983

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Judgment reading view

Judgment text

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Source document

TZHC

Judgment· 20 September 1983

19830920 TZHC Arusha

4 IN THE HIGH COURT OF TINZAN1A 2T ARUSRA. CRIMINAL APPEAL NO. 65 OP 1979 (FROM THE DECISION OF THT, )I3TICT COURT OF ROO AT ROO IN CRIMINAL APJAL NO. 45 Or, 1979 ) LLth¼I 1BDALk11 AND OTHRE . ... .....,...I,..APPELLANT VDiSUS TH1 Rta• UI3LIC . . .. . . . . . .. . . . . . . . . . . . . .RsPoDENT JUDGUNT . 3.0B.30U,A AG JUDGE. The appellants in this appeal were charged with offences contrary to the Immigration. Act. .1972 inRontho District Court' Criminal Case No 45 of 1979 and 'Crmina1 Case . 47 of 19790 Each was charged with one oc,ut of an offence under 5.5. 10(i) and 26(1) of the Immigration Act 1972 and one count under 55 19,19 and 36 of the same Act. They •iors each sentenced. to 12 months imprisonment on the first count and 6 months imprianment on the second count. They all pleaded guilty to the charges and their appeals against conviction have no merit. Cn the question of sentence, Mr. Mt.ingele state attorney, conceeded that the sentences were very severe. I wquld agree. The trial court appears to have •iposed the s.3ntences he did because of the war in Uganda prevailing In 1979. There was no evidence to even suggest that the appellants were linked to the Uganda propblem • They were of Somali origin,. The trial. c.ourt also did not consider that they were first offenders and had pleaded guilty t the charge. However they have all served their s'nte4es., a long time ago and I do not see bow any variaticn in the sentence will benefit them. I accordingly dismiss .th ' appeal in its entirety 3.C.D'(i2i G.JUDGE 2O6

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Immigration Act 1972 ss. 10(i), 26(1), 19, 36

Legislation

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