19760622 TZHC Tabora
The appeal was allowed because the conviction was not properly supported by the evidence and the sentence, including forfeiture, was excessive.
Source-derived case information.
- Citation
- 19760622 TZHC Tabora
- Parties
- Appellant: Valelian Binanya; Respondent: The United Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 June 1976
- Procedural Posture
- Criminal Appeal / Appeal Judgment
- Outcome
- Appeal allowed; conviction quashed; sentence and forfeiture order discharged.
- Legal Topics
- Controlled Agricultural Products, Licensing Requirements, Transport Regulations, Sentencing, Forfeiture
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Valelian Binanya
Appellant
The United Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Judgment
Legal Issues
- 1 Whether the conviction for dealing in controlled agricultural products without a licence or permit was proper
- 2 Whether the conviction for transporting specified agricultural products without a permit was proper
- 3 Whether the sentence and order for forfeiture were justified
Ratio Decidendi
The appeal was allowed because the conviction was not properly supported by the evidence and the sentence, including forfeiture, was excessive.
Court Disposition
Appeal allowed; conviction quashed; sentence and forfeiture order discharged.
Orders
- Conviction quashed
- Sentence discharged
Full Case Text
Judgment text and source record
1 paragraphs
IN TIM, HIGH COT OP TANZANIA AT T.ABORA API'ELLAT JEJRI SDICTION (TABoR REGISTRY) CRIMINAL APPEAL N0459 OF 1976 ORIGINAL CRIMINAL CASE NO. 13 . OF 1976 OF THE DISTRICT COURT OF 14PANDA DISTRICT AT LIdA Before: A.-Mohsned, 'Esq.District Magistrate. Valelian Binanya .... ..........-.....Appellant versus - The United Republic • .•. . • a.... .. . . Respondent CHARGE: 1st count: Dealing in controlled Agricultural Products without a licence or pernit C/S 13 : (1) and (2) ç. the Agricultural Products (Control and Marketing) Cap.486 as aruuended by section 5(1)(i)of the National Agrucultural Products Board At No.39 of 1974. 2nd count: Transporting specified Agrcul.tural Products without a pernit c/s 3 and 8 of the National Agricultural Products Board (Transport Control) order 1969, Government Notice No.247 of 1969 and: Gov?rnment Notice No.287 of 1970 cap. 567, of the Laws. J U B G E ME N T MAPIGANO, J. The appellant was charged with two counts, namely: Dealing in controllçd agricultural products without a licence or pernit, contrary to section 13 (1) and (2) of the Agricultural Products (Control and Marketing) Act, 1962 as amended by the provisions of the National Agricultural Products Board Act, 1964 and - Transporting specified agricultural products without a pmit, contrary to sections 3 and 8 of the National Agricultural. Products Board (Transport Control) Order 1969 - GN 247/69 as amended by GN 287/70. I —3- There is merit in the appeal against the conviction. I will make no riore than a cursory remark as regards the sentence. I think it was too heav3t especially taking into consideration that the court also made an order ' for the forfeiture of the 280 bags. .. This appal is allowed and the conviction quashd. The sentence and the order for forfetur are discharged. TABORA D. P. MAPIGANO 22nd June 1 1976 JUDGE Certified true copy of the original. k-I (A.. BA1LA.TI) DISTRICT 2IGISTRAR TABORA I