19880615 TZHC Dar es Salaam

The High Court contravened section 373(2) of the Criminal Procedure Act by enhancing the sentence without hearing the appellant; therefore, the revisional order was set aside.

Citation: 19880615 TZHC Dar es Salaam
Parties: Appellant: Sofia Msunanji; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 15 June 1988
Procedural Posture: Criminal Appeal / Judgment After Hearing Appeal
Outcome: appeal allowed
Legal Topics: Revision of Sentence, Right to Be Heard, Price Control Offences
Source Language: English

Criminal Law Procedural Law Revision of Sentence Right to Be Heard Price Control Offences

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Parties

Sofia Msunanji

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment After Hearing Appeal

Legal Issues

1 Whether the High Court erred in enhancing the sentence without hearing the appellant

Ratio Decidendi

The High Court contravened section 373(2) of the Criminal Procedure Act by enhancing the sentence without hearing the appellant; therefore, the revisional order was set aside.

Court Disposition

appeal allowed

Orders

revisional order set aside