19920701 TZHC Dar es Salaam2
- Citation
- 19920701 TZHC Dar es Salaam2
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 1 July 1992
- Posture
- Criminal Revision / Judgment on Revision
- Language
- English
More details
- Court
- TZHC
- Decision
- 1 July 1992
- Posture
- Criminal Revision / Judgment on Revision
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The sentence of three years' imprisonment was illegal as it exceeded the statutory maximum of twelve months or a fine not exceeding two thousand shillings; the sentence was quashed and substituted with a sentence resulting in immediate release.
Court disposition
Sentence quashed and substituted with sentence resulting in immediate release.
Orders
- The sentence of three years' imprisonment is quashed.
- The accused is sentenced to a term resulting in immediate release.
02
Material facts
Parties
The Republic
Prosecutor Counsel: Mrs. SlaaAbdallah Kagito alias Mnyamwegi
AccusedAmounts and remedies
- Maximum Fine Under Statute: TZS 2,000
- Maximum Imprisonment Under Statute (months): 12
- Original Sentence (years): 3
03
Procedural history
Posture
Criminal Revision / Judgment on Revision
04
Questions and positions
Legal issues
- 01
Whether the sentence imposed exceeded the statutory maximum for the offence of possession of bhang under Cap. 134 s.2(b)
- 02
Whether the accused was entitled to the option of a fine
Party arguments
- Applicant
- The sentence imposed was illegal as it exceeded the statutory maximum and did not provide the option of a fine.
- Respondent
- No argument recorded from the respondent.
05
Court’s reasoning
Legal principles
- 01
Cultivation of Noxious Plants (Prohibition) Ordinance, Cap. 134 s.2(b)
A sentence must not exceed the statutory maximum prescribed by law for the offence.
06
Ratio, limits and disposition
Ratio decidendi
The sentence of three years' imprisonment was illegal as it exceeded the statutory maximum of twelve months or a fine not exceeding two thousand shillings; the sentence was quashed and substituted with a sentence resulting in immediate release.
Court disposition
Sentence quashed and substituted with sentence resulting in immediate release.
- The sentence of three years' imprisonment is quashed.
- The accused is sentenced to a term resulting in immediate release.
Source and reliance status
TZHC · 1 July 1992
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· 1 July 1992
--.__:. L, fJ. I< tJ- /?~I Hj~r ~~1•, IN THE HIGH COURT OP Ti~N6ANili. AT DL.R ES s;~LLJJ'1 ......... ._ t.. •~ ~- 0. • - 0. l-. f, ~- I ~ •• ,r •
REVISIONLL JURISDICTION (Dli.R ES Sll.Ll~1iM REGISTRY) CRil'UNAL _REVISION NO. 2/1992 ORIGINAL CRIMINAL ClSE NO. 238 OF 1991 OF THE DISTRICT COURT OF BAGJ\.MOYO DISTRICT AT Bil.GAMOYO BEFORE MALEKELA DISTRICT MJ~GISTRLTE THE REPUBLIC ••••.•.....•••.•.•••• PROSECUTOR
VERSUS ABDALLAH KAGITO alias MNYAMWE6I RUBAMA J: . ····-·-~~-...,,-« . ABDALLAH s/o Kl1.GITO alias MNYAMWE2I was, on his own plea &:t' guilty convicted of being in possession of bhang c/s 2 (b) of Cl4H- vation of Noxious Plants (Phohibition) Ordinance, Cap. 134 and senteced to three years iBprisonment, Revisional proceedincs were ordered by this court (Mkude,J.) because the court had not given tho accused the optton of . , / paying fine. On rcadin~ s. 2 (bl of cap 134, howevpr, revisiona• order is called for becnuso thG ·sentence is il_legal~ "·S" 2(b) of cap. 134 provides: 11 Any person who shall:- Consumo, uso or have in his possession any such plant, or any s~bst2.nce obtained therefror.1, or anj compound or ad□ ix.;.;urc thereof, shall be liable." to a fine not exce8ding two thousand shillings or to imprisonment for a perio.d not exceeding twelve monthl; and tho court may order that any such plant or substance in respect of which an offence has been committed shall be destroyed." In light of the just quotPn :-:-:::v_;_zions of the law, the imposed sentence of three years, three ti □ cs the □ aximun sentence provided by the law beine illegal is hereby quashed. In its place the accused is sentenced to such -1:8:CO that would rcsu~'... t to his immediate release fro □ prisons~ It ·s so orde~ed. ' ~-- ........ .' ~ \ ' ) q,._ "~- . Yi~HYf.. RUB' A,J . -~-"'"" Coram~- RUBAMA,J. . 1.7.92 Mrs. Slaa, $tate Attorney for the Republico
JDDGE 1 . 7, 92
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