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Tanzania Judgment

TZHC

na1011 TZHC Tanga

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The fines imposed by the lower court were excessive given the nature of the offences and surrounding circumstances; a fine of 200/- on each count is sufficient.

Court disposition

sentence varied

Orders

  • The sentence imposed by the lower court on each count is set aside and substituted with a fine of 200/- on each count for which the appellant is convicted, with distress in default.

02

Material facts

Parties

Roman Mu P Crldlr$

Appellant Counsel: Mr. P. Singh

Public

Respondent Counsel: Are 1s-Bouzs

Amounts and remedies

  • Original Fine Per Count: shs 600
  • Reduced Fine Per Count: shs 200
  • Number of Counts: 9

03

Procedural history

  1. Posture

    Criminal Appeal / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant argued that the fines imposed were excessive and the offences did not warrant such heavy penalties.
Respondent
The respondent stated that while individually the sentences may not appear excessive, collectively they are stiff and a fine of 200/- on each count would be more reasonable.

05

Court’s reasoning

  1. 01

    General sentencing principles

    Sentences must be proportionate to the nature and circumstances of the offence.

  2. 02

    General sentencing principles

    Excessive fines should be avoided unless justified by aggravating factors.

06

Ratio, limits and disposition

Ratio decidendi

The fines imposed by the lower court were excessive given the nature of the offences and surrounding circumstances; a fine of 200/- on each count is sufficient.

Court disposition

sentence varied

  • The sentence imposed by the lower court on each count is set aside and substituted with a fine of 200/- on each count for which the appellant is convicted, with distress in default.

Source and reliance status

TZHC · 1 January 2001

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Judgment reading view

Judgment text

The complete available source text.

Source document

TZHC

Judgment· 1 January 2001

na1011 TZHC Tanga

in ¶fi flIOR Ci UST CP ?MhANJ* AT ?ANOA Appellate Juricdioiten CiUThAL A1IL iC'. 3 of 1972 (Originsi Cr4airtal Case tic. 230 of 1912) OF TH6 DI3T1UT CCURT CF TANGA D1J1cT AT ?Al.OA. ROMAN MU P CRLDLR$ ----------- APPELLANT versus apUB I IC ------ ___------ BE8P(R ETT 1) D 0 N NT Piitel. Ag. J. Appellant was convcted on bic own plea for offenoco under nine counts and was øent,noed to a fine on each of the nine counte from she. 300/- to aba. 600/-. All of fences are nainot Traff 10 Rules 1 Traffic Ordinance and Transport Li.enciA,g Ordnonoe. r. P. S2ngh for the appelleot eabsittod that fine lnpoasd is very much oxoeeeive and oft nose are not of a nature would call fo1ev7 f%j Kr. De-$euoa for the R.pulic etated that thoab individually tb e nentenue would not appssr to be eTcesaive, totally it does appear to be stiff. He said. s fine of she. 2001- on each count would be more reasonable. 1 have carefully jone through the record and in my view thlde are no factors which would call for heavy fine an isposed by the learned tesident osgie trate. be the learned state attorney very fairly said they do appear to be stiff. Conoiderng all the fsctc and fuctore Eurrounflg the offence 1 as too of the opinion that a ilne of ohs. 200/- on escb cu.t neald be suffic1int, Pn-r theme easons 1 order that the nentence iapoa.d by the lover court on ouch of the counts be hereby cet snide and be cuboututed by sentence of ohs. 200/- fine on each of the Count for wiich he is convicted # with diatrees in default. Delivered in 000?t this 11th day of October, in court at ?ans in pre ence of Are 1s-Bouzs for the Republic and Rr. p. Bthgb for the appellant. As, Jud. /Ktcattii. 1 N *0

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Authorities

Authorities used by the court

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

Traffic Rules

Legislation

Legislation referenced in the available case record.

Traffic Ordinance

Legislation

Legislation referenced in the available case record.

Transport Licensing Ordinance

Legislation

Legislation referenced in the available case record.

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