20160831 TZHC Mbeya
- Citation
- 20160831 TZHC Mbeya
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 31 August 2016
- Posture
- Criminal Appeal / Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 31 August 2016
- Posture
- Criminal Appeal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appellant, being a habitual offender, should not have been given the option of a fine again; sentences for the two counts should run consecutively to adequately punish the offences committed.
Court disposition
appeal dismissed
Orders
- Sentence on first count substituted to two years imprisonment
- Sentence on second count to four years imprisonment
- Sentences to run consecutively
- Appeal dismissed with costs
02
Material facts
Parties
Samwel Aron @ Mwaruanda
AppellantThe Republic
Respondent Counsel: Mr. KihakaAmounts and remedies
- Fine Imposed by Trial Court: TZS 300,000
- Fine Paid in Previous Conviction: TZS 50,000
- Imprisonment on First Count (substituted): years 2
- Imprisonment on Second Count: years 4
03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the conviction was proper
- 02
Whether the sentence imposed was excessive or inadequate for a habitual offender
Party arguments
- Applicant
- The sentence imposed was excessive and not in accordance with the Minimum Sentences Act; the prosecution did not prove the case beyond reasonable doubt; his defence was disregarded.
- Respondent
- The appellant is a habitual offender; the sentence imposed was not adequate given his criminal history.
05
Court’s reasoning
Legal principles
- 01
court's reasoning
Sentences for multiple counts should be carefully considered, especially regarding consecutive or concurrent terms, and habitual offenders should not be given the option of a fine repeatedly.
- 02
court's reasoning
Sentences must be adequate to meet the crime and within the court's jurisdiction.
06
Ratio, limits and disposition
Ratio decidendi
The appellant, being a habitual offender, should not have been given the option of a fine again; sentences for the two counts should run consecutively to adequately punish the offences committed.
Obiter and limits
- Magistrates should give careful thought to appropriate sentences on multiple counts to avoid unnecessary harm, especially with consecutive sentences.
Court disposition
appeal dismissed
- Sentence on first count substituted to two years imprisonment
- Sentence on second count to four years imprisonment
- Sentences to run consecutively
- Appeal dismissed with costs
Source and reliance status
TZHC · 31 August 2016
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 31 August 2016
cI
IN THE HIGH COURT OF TANZANIA
AT MBEYA CRIMINAL APPEAL NO.48 OF 2016 (Original Criminal Case No. 17312014 from the District Court of Mbarali at Rujewa) SAMWEL ARON @ MWARUANDA ............................. APPELLANT
VERSUS 'I'IIE 1.EPIJBI..IC .................................................... RESPONDEN'l'
JUDGMENT Date of last Order: 2210812016 Date of Judgment: 3110812016 A.F. NGWALA, J.: The appellant was convicted of the offence of personating a Public Officer Contrary to Section 100 (b) of the Penal Code R. E. 2002 and obtaining money by False Pretence Contrary to Section 302 of the same Code. He was sentenced to a fine of Tshs. 300,000/= or two years imprisonment and to serve four years imprisonment and to pay the complainant her money back. He has appealed against conviction and severity of sentence. He says at paragraph 4 of his Petition of Appeal that the magistrate imposed excessive sentence of 1st count. That it was fairly to sentence him to imprisonment of one year and Tshs.50,000/= only as per Minimum Sentences Act. He argues that the prosecution Page 1 of 4 .J J side disregarded his defence. The prosecution side did not prove the case beyond reasonable doubt. In this appeal, I must say that the appeal has no merit at all. The accused person was called to show case for mitigation factors after the prosecution side had given a previous record that he was a habitual offender as he was convicted by Igurusi Primary Court, Criminal Case No. 21/2014 and sentenced to one year and four strokes of cane and paid fine of Tshs.50,000/= on 04/03/2014. In mitigation he prayed for leniency and admitted that he was convicted at Igurusi Primary Court and that he had children
in school. Much as I know that magistrates should give very careful thought to the appropriate sentences to be imposed on each of two or more counts and so sure of the unnecessary harm especially on consecutive sentences, but this is one of the cases in which the habitual offender who had paid fine should not have been given again the option for fine. It had to be indicated clearly that the sentence had to run consecutively when the offences are related so that the total sentence to be served is within their jurisdiction and in my opinion is adequate to meet the crime. In the circumstances of this case I do not think the trial magistrate imposed adequate sentences in each count to make such of the sentences to run concurrently. Nothing has been said in the sentence. It is for this reason that I find that had the learned Resident Magistrate imposed adequate sentence on each count which the accused person would have been appropriately punished on the counts charged to make Page 2 of 4 six (6) years imprisonment. The appellant is such a dangerous and treacherous person that is lying before the court and seeking for clarity on whether it is four (4) years imprisonment or six (6) years imprisonment knowingly that he is a habitual offender who has committed the two offences. It is for the said reason that I am not satisfied that the sentencing aspect was proper to a habitual
offender. For that reason I substitute the sentence on the first count to two years (2) imprisonment and on the 2nd count to four (4) years imprisonment. The sentences should run consecutively. Accordingly the Appeal is dismissed with costs. A.F. Judge 31/08/2016 Page 3 of 4 Date: 31/08/2016 Coram: A. F. Ngwala, J. ( Appellant: Present For Republic: Mr. Kihaka (State Attorney) B/C: M. Mihayo Court: Judgment delivered in open court in the presence of the parties. Court: Right of Appeal to the Court of Appeal of Tanzania explained. - - a,—.' ' T I A.F. NwaIa 4. .: ... : Judge 31/08/2016 Page 4 of 4
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