19780519 TZHC Mbeya

19780519 TZHC Mbeya

The conviction and sentence on count one (failure to display maximum prices) were quashed due to lack of evidence proving the specific offence charged. The conviction on count two (overcharging) was upheld as the evidence established the appellant sold a controlled good above the maximum price and did not return the change. The sentence of imprisonment on count two was substituted with a fine, as the offence was compoundable and imprisonment was not warranted by the circumstances.

Citation
19780519 TZHC Mbeya
Parties
Appellant: S. M. Punja; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 May 1978
Procedural Posture
Criminal Appeal / Judgment on Appeal From Conviction and Sentence
Outcome
Appeal allowed in part, dismissed in part.
Legal Topics
Price Control, Overcharging, Display of Prices, Sentencing, Compoundable Offences
Source Language
English
Criminal Law Regulatory Law Price Control Overcharging Display of Prices Sentencing Compoundable Offences

Case Brief

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Parties

S. M. Punja

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant failed to display a list of maximum prices as required by law
  2. 2 Whether the appellant sold controlled goods above the maximum price fixed by law
  3. 3 Whether the conviction and sentence on both counts were proper

Ratio Decidendi

The conviction and sentence on count one (failure to display maximum prices) were quashed due to lack of evidence proving the specific offence charged. The conviction on count two (overcharging) was upheld as the evidence established the appellant sold a controlled good above the maximum price and did not return the change. The sentence of imprisonment on count two was substituted with a fine, as the offence was compoundable and imprisonment was not warranted by the circumstances.

Court Disposition

Appeal allowed in part, dismissed in part.

Orders

  • Conviction and sentence on count one quashed; fine to be refunded to appellant.
  • Conviction on count two upheld; sentence of 9 months imprisonment set aside and substituted with a fine of shs.1,500/= or distress in default.