19940420 TZHC Dodoma

19940420 TZHC Dodoma

The sentence imposed was illegal as it did not meet the statutory minimum for defilement and corporal punishment was not permitted for the accused's age; the sentence was set aside and substituted with the lawful minimum.

Citation
19940420 TZHC Dodoma
Parties
Prosecution: State; Accused: Locusoci Ilanisi s/o Jidano
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 April 1994
Procedural Posture
Criminal Revision / Judgment on Revision
Outcome
Sentence set aside and substituted
Legal Topics
Sentencing, Defilement, Minimum Sentences
Source Language
English
Criminal Law Sentencing Defilement Minimum Sentences

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Parties

State

Prosecution

Locusoci Ilanisi s/o Jidano

Accused

Procedural Posture

Criminal Revision / Judgment on Revision

Legal Issues

  1. 1 Whether the sentence imposed for defilement was lawful under the Penal Code as amended
  2. 2 Whether corporal punishment was lawfully imposed

Ratio Decidendi

The sentence imposed was illegal as it did not meet the statutory minimum for defilement and corporal punishment was not permitted for the accused's age; the sentence was set aside and substituted with the lawful minimum.

Court Disposition

Sentence set aside and substituted

Orders

  • Sentence of three years imprisonment and 12 strokes set aside
  • Substituted with sentence of 20 years imprisonment only