20010509 TZHC Mtwara

IN TUE HuGH COURT OU TkNZANIA Ai1 MTWRA CRIIvflJL REVISION NO. I OF 2001 0RIGINL TRAFFIC CASE NO0 24 OF 2000

OF TUE DISTRICT COURT OF LINDI AT LINDI BEFORE: S.M. RUMANYIKi1. ESQO, R. MAGISTRJTh TEE REPUBLICO 0000PROSEICUTOR versus: Tf IT n -rrT- 'rTT--n'r)m JUbLJJ flUrDx JJuo

RULING The accused. PAUSTINE HtJRBERT was charged with two 2raffic offences, nainely: 1st Count: Causing injury through, careless driving c/s 41 and 63(2)(b) of the Road. Traffic Act No. 30 of 1973 as amended. by Act No. 16 of 1996 2nd. Count: Driving a motor vahicle on a public road with mechenical dfects c/s 59(1)(a) and (5) of the Road. 'Thaffic Act No. 30 of 1973 as amended. by Act No0 16 of 1996, He pleaded guilty to both counts 0 He was found guilty as charged on his own plea of guilty and was convicted accordingly0 He was sentenced to a fine of shs. 100,000/.- or 4 years imprisonment on the 1st count 9 and 20,0001- or 3 years imprisonment on the 2nd count0 Sentences were ordered to run consecutively0 The record was called for revision in respect of the sentence in the 1st count0 Under S. 63 (2)(b) as amended by S. 13 Act No. 16 of 1996 the maximum sentence for that offence is a fine of shs. 50,000/- or 5 years imprisonment 9 or both such fine and imprisonment. Therefore the sentence of shs. iOoOoo/- imposed by the learned trial Resident Magistrate was "ultra vires, it is hereby reduced to a fine of shs. 50,000/- The accused is to be refund.d shs. 50,000/- from the fine he paid on ERV No. 11192711 of 15.12.2000. /0 • ! A\ - Li1 S. 1N. K.JI ' • ,•'• .'• JUDGE 905,2001