19770720 TZHC Dodoma 1

IN THE HIGH COURT OF TANZANIA h v.

AT DQDOA

APPELL ATE JURISDICTION I - HIGH. COURT CRIMINAL APPELL No j 113 OP 1 0tT? 10 , ORIGINAL CRIMINAL CASE No • 480 OF 1976 O THE DISTRICT COURT OF KONDOA DISTRICT AT KONDQL.-'- / I BEFORE: M.A. UPGA. . . . . DISTRICT LtSTRAtTE OMRI MUHJNDO . . . . . . . . . APPBLLiNT versus THE REPUBLIC • . . . . . . . RESPONDT CK/RGE: Giving false information to a person ployed in £he Public Service c/ss 122 of the Penal Code.

J U D G N E N T 2IIPETL 9 _3 The appellant was convicted of the offence of giving false infomation to a person employed in the Publib service c/s 122 of the Penal Code, and was sentenced to nine months imprisonment. He now appeals. As I indicated when admi;ting this appeal to hearing, there is no merit in the appeal against conviction. It was proved beyond reasonable doubt that the appellant's report to the 1Droni officer that the police at Kondoa h'ad the ap.pellant?s shs 664/40 was completely false, and that the prison officer acted on this false infonnation which# in the circumstanàes, the appellant ought to have known was fals€.. The conviction, therefore, cannot he assailed. The only re-.son I admitted the appeal to hearing is that the sentence of nine mcnths imprisonment would appear to be illegaL. An offence under section 122 of the Penal Code is a dismoanour which attracts a maximum sentence of mix months imprisonnit or a fine of one thousand shillin,s or both such fine and irl:)rjsonJ:aent. The sentence of nine months imprisonment, therefore, was illegsl. Although the learned district magistrate gave no reason for imposing the sentence, I agree with the learned state attorney that the circumstances in which the offence was committed are grave inasmuch as the false inforration imputed dishonest:y on the part of public officers. In the circümstano therefore, a deterrent

sentence was called for. However, no agrava"ing circumstance, and no reason however ludable, c:,n justify the imposition of an illegal sentence. On these grounds, I set aside the sentence of nine months imprisonment end substitute therefor a sentence of six trnths imprisonment. Save for the variation of the sentence, the appeal is dismissed ; B.D.'iipet Judge Delivered in open court atDodoma this 20th day of July, 1977. D 1k . (1tJTDrnr .J_) SJJ • '..Iii .1. .L 44 JUDGE. n,J IN THE' HIGH COURT OF TANZANIA

AT DODOJA

APPELLATE JURISDICTION HIGH COUiT CiUMINAL LPPELL No. 1:13 GV 1917 ORIGINAL CRINILL C1'SE No..

460. OF 1976 OF THE DISTRICT COURT OF KONDOA DISTRICT AT KONDOL. BEFORE M0L.. UPGA . . .. DISTRICT LI$TRATE OMIRI PNM-iNDO• . . . . . . . .. APPELLANT versus 11 THE REPUBLIC . ... . . . . . RESPONDT CHLRGE: Giving false information to a person eiployed in the Public Service c/ss 122 of the Penal Code.

JUDGMENT CHIPEM . The appellant was convicted of the offence of giving • false infomation to a person employed in the Public service c/s 122 of the Penal Code, and was sentenced to nine months imprisonment. He now appeals. As 1 indicated when admitting this appeal to hearing, there is no merit in the aopeal against conviction. It was proved beyond reasonable doubt that the appellant' s report to the prion officer that the police at. Kondoa had the ap.pellant's shs 664/40 was completely fal-se i and that the prison officer acted on this false information which, in tbe circumstanôes, the appellant ought to have known was false. The conviction'i therefore, cannot he assailed. The only l'e.son I admitted the appeal to hearing is that the sentence of nine months imprisonment would appear to be illegal. An offence under section 122 of the Penal Code is a dismoanour which attracts a tinum sentence of Cix months imprisonmtt or a fine of one thousand shillin.s or both such fine and imrjsonnent. The sentence of nine months imprisonment, therefore, was illgai. Although the learned district magistrate gave no reason for imposing the sentence, I agree with the learned state attorney that the circumstances in which the offence was committed are grave inasmuch as the false infor'iation imputed dishonest: y on the part of public officers. In the circünstanc therefore, a deterrent sentence was

called for. However, no aggravating circumstance, and no reason however laudable, cn justify the imposition of an illegal sentence. On these grounds, I set aside the sentence of nine months imprisonment end substitute therefor a sentence of six months impris onnent. Save for the variation of the sentence, the appeal is dismissed. B.D. ipet"a Judge Delivered in open court at Dodoina this 20th day of July, 1977. B.i. CHIPETJi. J1JDC-E.