19920701 TZHC Dar es Salaam2

19920701 TZHC Dar es Salaam2

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.

Citation
19920701 TZHC Dar es Salaam2
Parties
Prosecutor: The Republic; Accused: Abdallah Kagito alias Mnyamwegi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 July 1992
Procedural Posture
Criminal Revision / Judgment on Revision
Outcome
Sentence quashed and substituted with sentence resulting in immediate release.
Legal Topics
Sentencing, Possession of Narcotics, Revision of Sentence
Source Language
English
Criminal Law Sentencing Possession of Narcotics Revision of Sentence

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Parties

The Republic

Prosecutor

Abdallah Kagito alias Mnyamwegi

Accused

Procedural Posture

Criminal Revision / Judgment on Revision

Legal Issues

  1. 1 Whether the sentence imposed exceeded the statutory maximum for the offence of possession of bhang under Cap. 134 s.2(b)
  2. 2 Whether the accused was entitled to the option of a fine

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.

Orders

  • The sentence of three years' imprisonment is quashed.
  • The accused is sentenced to a term resulting in immediate release.