19881003 TZHC Dar es Salaam 1

19881003 TZHC Dar es Salaam 1

A sentence of fine is a lawful and discretionary sentence for economic offences under section 59 of the Economic and Organized Crime Control Act, 1984, especially where mitigating circumstances are present. The sentence imposed was not manifestly inadequate to warrant appellate interference.

Citation
19881003 TZHC Dar es Salaam 1
Parties
Appellant: The Republic; Respondent: Samuel Cassian Kirunda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 October 1988
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Sentencing Discretion, Economic Offences, Exchange Control Ordinance, Interpretation of Sentencing Provisions
Source Language
English
Criminal Law Economic Crimes Sentencing Discretion Economic Offences Exchange Control Ordinance Interpretation of Sentencing Provisions

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Republic

Appellant

Samuel Cassian Kirunda

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a sentence of fine is lawful for economic offences under section 59 of the Economic and Organized Crime Control Act, 1984
  2. 2 Whether the sentence imposed by the trial court was manifestly inadequate

Ratio Decidendi

A sentence of fine is a lawful and discretionary sentence for economic offences under section 59 of the Economic and Organized Crime Control Act, 1984, especially where mitigating circumstances are present. The sentence imposed was not manifestly inadequate to warrant appellate interference.

Court Disposition

appeal dismissed

Orders

  • The appeal by the Director of Public Prosecutions is dismissed.