republic vs gwasa emmanuel 2019 tzhc 2169 17 october 2019

Imprisonment as an alternative to fine for a non-citizen is set aside and substituted with deportation, as deportation better serves justice and national interest.

Citation: republic vs gwasa emmanuel 2019 tzhc 2169 17 october 2019
Parties: Applicant: The Republic; Respondent: Gwasa s/o Emmanuel
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 17 October 2019
Procedural Posture: Criminal Revision / Judgment
Outcome: imprisonment sentence set aside and substituted with deportation
Legal Topics: Sentencing, Deportation, Refugees Act
Source Language: English

Criminal Law Immigration Law Sentencing Deportation Refugees Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2

Parties

The Republic

Applicant

Gwasa s/o Emmanuel

Respondent

Procedural Posture

Criminal Revision / Judgment

Legal Issues

1 Whether imprisonment as an alternative to fine for a non-citizen first offender is proper under the Refugees Act
2 Whether deportation is a more appropriate sentence than imprisonment for a non-citizen offender

Ratio Decidendi

Imprisonment as an alternative to fine for a non-citizen is set aside and substituted with deportation, as deportation better serves justice and national interest.

Court Disposition

imprisonment sentence set aside and substituted with deportation

Orders

Immediate deportation of the respondent
Imprisonment sentence as alternative to fine set aside