19760123 TZHC Arusha

- '-'- IN THE HIGH COURT OF TANZANIA AT ARUSHA APPELLATE JURISDICTION HIGH COURT CRIMINAL APi.EAL NO0 132 OF 1975 ,,TR. ORIGINAL CRIMINAL CASE NO 149 OF 1975 OF THE DISTRICT COURT OF NOSHI DISTRICT COURT OF MOSHI AT MOSHI Def ore W.S. Mendia ----------------------------- Resident Magistrate SururuMunisi -----------------------------.- Appellant (Original Accused) vefsus THE REPU3LIC ------- ------------------------RESPONDENT (Original Prosecutor) CHARGE: Inconsiderate Use of Motor Vehicle c/S 50 and 63(2) (d) of the Road Traffic Act. J U D G M E N T Nyalali, Ag. J. The appellant was charged and convicted with the traffic offence of Inconsiderate Use of a motor Vehicle c/ss 50 and 63 (2) of the Road Traffic Act and was sentenced to pay a fine of shs. 3000/- or 3 months jail. He paid the fine0 He is now appealing to this Court0 There is no dispute in this case that on the material day the appellant was the driver of a public service vehicle registration No0 NSA 770 make Bedford when three poliemen found him with his motor vehicle stationary at a place on the road which is not authorized fo parking, motor vehicles. The appel.ant's defence that his motor vehicle's engine had failed was rightly rejected by the trial court, since if what he stated in court was true, he would have cross-examined the three police witnesses about the failure of the engine0 The record of the case shows that the appellant did not cross-examine on that point and he did'not raise it until he was giving his own evidence. The appeal against conviction cannot succeed. . . With regard to the sentence, undoubtedly the penalty of shs.'3,O00/ was on'. the severe side since the minimum prescribed for the offence is shs. 2,000/- and the maximum is shs. 5,000/- But the trial court took into consideration the prevalence of the offence in Moshi town and thought it fit to impose a deterrence sentence0 Under those circumstances, I think the penalty was proper and I will not disturb it. There is however another point which was not dealt with by the trial Court0 Section 27 of the Road Traffic Act requires the trial court to suspend the appellant's dtiing licence for a period not less than 3 months, and not more -than 1 year unless of course the appellant shows special circumstances as provided for at the end of the provisions to section 27. This omission can he rectified by the trial Court summoning the appellant to appear before it to show if there are any special circumstances for not invoking the p'ovisions of section 27 in full. Accordingly this appeal is dimissed in its entire±y and the trial court is directed to proceed as indicated herein above0 F0L. NYALA 1 9 AG. J. Judgement delivered this 23/1/76 at Arusha in open court in the presence of Mr0 Mlay, State Attorney. F.L. NYAL4-LLI 9 AG. J. /Kimathi 11