197903N

197903N

Section 273(b) of the Penal Code is not included in the schedules of the Minimum Sentences Act, 1973; therefore, offences under section 273(b) do not fall under the Act regardless of the nature of the property stolen.

Citation
197903N
Parties
Appellant: Selemani Ally; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1979
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal against conviction dismissed; sentencing under Minimum Sentences Act, 1973 was incorrect.
Legal Topics
Stealing by Agent, Minimum Sentences Act, Statutory Interpretation
Source Language
English
Criminal Law Stealing by Agent Minimum Sentences Act Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Selemani Ally

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether section 273(b) of the Penal Code falls within the scope of the Minimum Sentences Act, 1973
  2. 2 Whether the conviction based on guilty plea was proper

Ratio Decidendi

Section 273(b) of the Penal Code is not included in the schedules of the Minimum Sentences Act, 1973; therefore, offences under section 273(b) do not fall under the Act regardless of the nature of the property stolen.

Court Disposition

Appeal against conviction dismissed; sentencing under Minimum Sentences Act, 1973 was incorrect.

Orders

  • Section 273(b) of the Penal Code does not fall under the Minimum Sentences Act, 1973.