11720908 TZHC Arusha
The appeals against conviction are incompetent due to unequivocal pleas of guilty. The sentence of six months' imprisonment was manifestly excessive given the appellants' status as first offenders and the additional penalty of forfeiture of produce. The sentence is set aside and substituted with a term resulting in...
Source-derived case information.
- Citation
- 11720908 TZHC Arusha
- Parties
- Appellant: Tuarire s/c Daudi & 4 Others; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied
- Legal Topics
- Transportation of Agricultural Products, Licensing Requirements, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tuarire s/c Daudi & 4 Others
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellants were properly convicted on their pleas of guilty for transporting agricultural products without a permit
- 2 Whether the sentence imposed was manifestly excessive
Ratio Decidendi
The appeals against conviction are incompetent due to unequivocal pleas of guilty. The sentence of six months' imprisonment was manifestly excessive given the appellants' status as first offenders and the additional penalty of forfeiture of produce. The sentence is set aside and substituted with a term resulting in immediate release.
Court Disposition
sentence varied
Orders
- Sentence of six months' imprisonment set aside
- Substituted with a term resulting in immediate release of the appellants
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OC TANZJ IA AT ARUSHA APPELLATE JURISDICTION HIGH COURT CRIMIHAL APPEAL. NOi91 of 1972 ORIGINAL CRIMIFAL CASE NO. 190 of 1972 OF TEE DISTRICI COURT CF SiE DIhiRihi II PjRE Before C.H. Msamati Esq--------------------------- -- Dis -tric -t Magistrate 10 TUARIRE s/c DAUDI & 4 OTHERS ------ - ------------------- Appellants (Original Accused) yore us THE REPUBLIC ----------------------------- Res pondent (Original Pros.) CHARGE: Transporting agricultural Products without a permit from the Board or Agent c/ss 3 and 8 of the National Agricultural Products Board (Transport Control) lot 1964 G.i:. 247 of 26/9/69. 20 == = = = = = == = J U D G M E N T = == = = = = Brarnb1. The appellants were convicted of transporting Agrictdtural Products with.ut a permit under Sections 3 and 8 of National Agricultural Products Board (Transport Ccntrol) Act 1964. They were each sentenced to 6 months imprisonment and an onder was made for the forfeiture ol the Agricultural Products which had been seized. They have appealed a•,ainst conviction and 30 sentence. • All the appellants pleaded and anewar to the charge that they were t'ansporting the agricultural product without a licorice. The prosecution gave facts supporting the chare and they said that he facts were correct. There were a unequivocal pleas of gualty and so the appeals against conviction are incompetent. As to srntence the minimum term is six mnths, The -trial mag istrate took into consideration the fact that offnoeof tins kind were on the increase 40 in the District in spite of the fact that heavy fines had been imiosed. The appellants were first offendars and the imposition of a -term of imprisonment without the option of a fine in a c re of this nature was sufficient to indicate the serious view the court took of the offence but there was nothing to justify the m.4w( m uol term and it is, therefore, manifestly excessive more particularly as the appellants suffered a further penalty in the loss of their produce. For this reason 1 will set aside the sentence and substitute such a term as will result in the immediate 50 release of the appellants. Delivered in open Court at Arusha the 8th day of Septamoar, 1172. C.E. T TT n Cl 60 /kimathi. i