20010509 TZHC Mtwara

20010509 TZHC Mtwara

The sentence of shs. 100,000/- imposed on the 1st count was ultra vires as it exceeded the statutory maximum fine of shs. 50,000/-. The sentence was reduced to shs. 50,000/- and the excess amount ordered to be refunded.

Citation
20010509 TZHC Mtwara
Parties
Prosecutor: The Republic; Accused: Paustine Herbert
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 May 2001
Procedural Posture
Criminal Revision / Ruling
Outcome
Sentence revised
Legal Topics
Sentencing, Careless Driving, Mechanical Defects in Vehicle
Source Language
English
Criminal Law Traffic Law Sentencing Careless Driving Mechanical Defects in Vehicle

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Parties

The Republic

Prosecutor

Paustine Herbert

Accused

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the sentence imposed on the 1st count exceeded the statutory maximum

Ratio Decidendi

The sentence of shs. 100,000/- imposed on the 1st count was ultra vires as it exceeded the statutory maximum fine of shs. 50,000/-. The sentence was reduced to shs. 50,000/- and the excess amount ordered to be refunded.

Court Disposition

Sentence revised

Orders

  • Fine on 1st count reduced to shs. 50,000/-
  • Accused to be refunded shs. 50,000/- from fine paid