NA TZCA Dar es Salaam

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

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Parties

Simon Peter Kaizelege

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

  1. 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.