19700803 TZHC Mwanza
The imposition of a fine of 400/- was unreasonable in light of the extenuating circumstances; the fine is reduced to 150/-.
Source-derived case information.
- Citation
- 19700803 TZHC Mwanza
- Parties
- Appellant: Manager, J.L. Lk1tji & Company; Respondent: TI
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 August 1970
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Motor Vehicle Licence, Sentencing, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Manager, J.L. Lk1tji & Company
Appellant
TI
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed was reasonable in light of extenuating circumstances
Ratio Decidendi
The imposition of a fine of 400/- was unreasonable in light of the extenuating circumstances; the fine is reduced to 150/-.
Court Disposition
appeal allowed
Orders
- fine reduced from 400/- to 150/- (one hundred and fifty shillings)
Full Case Text
Judgment text and source record
1 paragraphs
.: . 4 a IN T-1Z HIGH COURT OP TAJ'IZMIA AT IFIWANZA Appej..latQ Juris&tction CRflIINI APA1 NO. 316 OP 1970 (origin&. CriLliñal Case No. 97 of 1970 of the district court of LIusia before A'. Bahati Esq., Resident Magistrate). MANAGEP, JL Lk1TJI & C0LA1Y . . . . ..........PJANT (Oriin21 Lj Accused) versw TI • . . , • • . . • • .. . 7)<' .flr7f' (Original Prosecutor) CFJRGE- Pailin: to affix or exhibit a motor vehicle licence in the proscribed manner c/s 9(6) and 70 of the Traffic Ordjnafl'c as anended by Act 20/69. JUD( MIENT oIYIUKE, J. I allbw the appeal against sentence'. The imposition of a fine of 400/. in the face of the extenuating oircuxist,nces narrated by the appellant and accepted,by implication,by the proseOütion, was unreasonable. I reduce the fine from .400/ to 150/-. 0RDER:. Appeal acainst sentence allowed. Pine reduced from 400/- to .150/- (One hundred and fifty shillings). I . Delivered in open Court at Mwanza this 3rd August, 1970. a • -, . (G. C. Ii. Onyluie) JUI&E.