NA TZCA Dar es Salaam
The sentence of 8 years for obtaining by false pretences is illegal as it exceeds the statutory maximum of 7 years under Section 302 of the Penal Code.
- Citation
- NA TZCA Dar es Salaam
- Parties
- Appellant: Simon Peter Kaizelege; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 9 January 1982
- Procedural Posture
- Criminal Appeal / Court of Appeal Judgment
- Outcome
- Sentence for obtaining by false pretences reduced to 7 years; other sentences confirmed.
- Legal Topics
- Forgery, Uttering, Obtaining Money by False Pretences, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 7
Parties
Simon Peter Kaizelege
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the sentence of 8 years for obtaining by false pretences exceeds the statutory maximum under Section 302 of the Penal Code
Ratio Decidendi
The sentence of 8 years for obtaining by false pretences is illegal as it exceeds the statutory maximum of 7 years under Section 302 of the Penal Code.
Court Disposition
Sentence for obtaining by false pretences reduced to 7 years; other sentences confirmed.
Orders
- Sentence of 8 years for obtaining by false pretences set aside and substituted with 7 years imprisonment on each count; all sentences to run concurrently; other sentences confirmed.
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