Minimum Sentences Act

Chapter 90

Citation
Chapter 90
Date
31 July 2002
Language
English
Type
Legislation
Tanzania

Minimum Sentences Act

Chapter 90

  • Published in Tanzania Government Gazette
  • Commenced on 1 March 1972
  • [This is the version of this document at 31 July 2002.]
  • [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
[s. 1; Acts Nos. 1 of 1972; 23 of 1973; 10 of 1989; 6 of 1994; 9 of 1996; 4 of 1998; 12 of 1998; 9 of 2002]An Act to provide for the imposition of minimum sentences in respect of specified offences and for related matters.

1. Short title

This Act may be cited as the Minimum Sentences Act.

2. Application

The provisions of this Act shall not apply to a juvenile.

3. Interpretation

In this Act, unless the context otherwise requires—"cattle" means any of the animals specified in section 268 of the Penal Code1;1Cap. 16"juvenile" means any person under the apparent age of eighteen years;"scheduled offence" means an offence specified in any of the Schedules to this Act;"specified authority" means—(a)the Government;(b)a local government authority;(c)a trade union registered under the Trades Union Act2;2Cap. 244(d)any body corporate established by or under any written law other than the Companies Act3;3Cap. 212(e)any subsidiary company;"subsidiary company" means a company registered under the Companies not less than fifty per centum of the issued share capital of which is owned by a specified authority or two or more specified authorities and includes a company limited by guarantee where the amount which the specified authority which is a member will become liable to contribute in the event of the company being wound up is not less than fifty per centum of the aggregate amount which all the members have undertaken to contribute; and references in this definition to a specified authority include references to any subsidiary company.

4. Minimum sentences where persons convicted of scheduled offence

Where any person is, after the date on which this Act comes into operation, convicted by a court of a scheduled offence, whether such offence was committed before or after such date, the court shall sentence such person to a term of imprisonment which shall not be less than—
(a)where the offence is an offence specified in the First Schedule to this Act, one year;
(b)where the offence is an offence specified in the Second Schedule to this Act, six months;
(c)where the offence is an offence specified in the Third Schedule to this Act, thirty years.

5. Circumstances in which court shall award longer terms of imprisonment

Notwithstanding the provisions of section 4—
(a)
(i)any person who is convicted of robbery shall be sentenced to imprisonment for a term of not less than fifteen years;
(ii)if the offender is armed with any dangerous or offensive weapon or instrument or is in company with one or more persons, or if at or immediately before or immediately after the time of robbery, he wounds, beats, strikes or uses any other personal violence to any person, he shall be sentenced to imprisonment to a term of not less than thirty years;
(b)where any person is convicted of stealing cattle, the court shall sentence him to imprisonment for a term of not less than five years;
(c)where any person is convicted of an offence specified in the Second or Third Schedule to this Act and the court is satisfied that such person was, at any time within seven years immediately preceding the date when he committed such offence, convicted of a like offence or of any scheduled offence or of any offence provided for in Chapter XXVII to Chapter XXXIII (inclusive) of the Penal Code4, the court shall sentence such person to imprisonment for a term of not less than—4Cap. 16
(i)in the case where the person is convicted of an offence specified in the Second Schedule to this Act, two years;
(ii)in the case where such person is convicted of an offence specified in the Third Schedule to this Act, one year;
(d)where any person is convicted of any sexual offence specified under Chapter XV of the Penal Code5, as amended by the Sexual Offences Special Provisions Act6, the court shall sentence such person to imprisonment for a term prescribed under that Chapter.5Cap. 166Cap. 101

6. Circumstances in which court may not apply this Act

(1)Notwithstanding the provisions of section 4 or section 5, where a person is convicted of a scheduled offence and the court is satisfied that—
(a)the person so convicted is a first offender; and
(b)the value of the property obtained by such Sch. person in the course of the commission of such offence or which he attempted to so obtain does not exceed or, in the case of an attempt, would not have exceeded, one hundred shillings; and
(c)having regard to all the circumstances of the case, it is just and equitable so to do,
the court may, in lieu of sentencing such person to the minimum sentence of imprisonment provided for in section 4, proceed to deal with such person as if this Act had not been enacted.
(2)For the purposes of this section "first offender" means a person who has not, at any time within seven years immediately preceding his conviction, been convicted of a scheduled offence or any offence provided for in Chapter XXVII to Chapter XXXIII (inclusive) of the Penal Code7.7Cap. 16
(3)This section shall not apply where a person is convicted of an offence under section 3 or section 6 of the Prevention of Corruption Act8, or of stealing cattle or of robbery.8Cap. 329

7. Compensation

(1)Notwithstanding the provisions of section 348 of the Criminal Procedure Act9, where a court convicts any person of a scheduled offence other than an offence under the Prevention of Corruption Act10, the court shall, if it is of the opinion that such person has obtained any property as a result of the commission of the offence and that the owner of the property can be identified, make an order that the person convicted shall pay to the owner of the property compensation equal to the value of the property as assessed by the court.9Cap. 2010Cap. 329
(2)An order under this section may be made at any time after the sentence has been passed, and where it has not been made immediately after the sentence has been passed, the court which passed the sentence or any court having revisional jurisdiction over it, may make such order at any subsequent time on the application of the owner of the property or on its own motion:Provided that no such order shall be made save in the presence of the person against whom it is made.
(3)Where an order is made under this section, the person in whose favour such order is made may file an authenticated copy thereof in the district court having jurisdiction over the area over which the court which made the order has jurisdiction, and upon being so filed the order shall be deemed to be a decree passed by such district court and may be executed in the same manner as if it were a decree passed by such court under the provisions of the Civil Procedure Code11, and the district court or any other district court to which the decree may be transferred for execution, shall have jurisdiction to execute such decree notwithstanding that the amount of the compensation awarded exceeds the pecuniary jurisdiction of the district court.11Cap. 33

8. Remand pending conviction

Notwithstanding the provisions of section 172 of the Criminal Procedure Act12, where any person is convicted of a scheduled offence and any part of the sentence imposed requires to be confirmed by the High Court, such person shall have no right to elect to remain on remand pending such confirmation.12Cap. 20

9. Provisions relating to evidence

In any proceedings in which a person is charged with a scheduled offence, any document purporting to be a certificate under the hand of the Registrar of Companies or an Assistant Registrar of Companies to the effect that the company specified in such certificate is a subsidiary company within the meaning assigned to the expression by section 3, shall be admissible in evidence and shall be prima facie evidence that such company is a subsidiary company and that the signature to such certificate is genuine and that the person signing it held the office which he professed to hold at the time when he signed it.

10. Court may impose imprisonment for longer term

(1)Nothing in this Act shall be construed as precluding a court from imposing, in relation to a scheduled offence, a sentence of imprisonment for a term longer than the minimum term of imprisonment, prescribed for such offence by this Act:Provided that the court's power to impose such longer term of imprisonment shall be subject to—
(a)the maximum term of imprisonment prescribed for the offence by the written law providing for the offence;
(b)the limitation, if any, upon the court's powers to award punishments imposed by the Criminal Procedure Act13 or any other written law.13Cap. 20
(2)Where the provision of the written law which provides for any of the offences specified in any of the Schedules to this Act is amended or repealed and re-enacted (whether with or without modification or whether by the re-enactment of the written law in which such provision occurs or by incorporation of the re-enacted provision in any other written law), the provisions of this Act shall, unless the amending or the repealing and re-enacting legislation, as the case may be, expressly provides to the contrary, apply to the corresponding offence or offences created by such amending or repealing and re-enacting legislation, and the provisions of the Schedules to this Act shall be construed as if references therein to the offence provided for by the written law so amended or repealed and re-enacted, were references to such corresponding offence or offences so created.
(3)The provisions of subsection (2) shall be construed as being in addition to and not in derogation of the provisions of section 10 of the Interpretation Act14.14Cap. 1

11. Repeal of Act No. 1 of 1972

[Repeals the Minimum Sentences Act]

12. Transitional provisions

[Transitional provisions]

First Schedule (Section 4)

1.Trespassing with intent to steal contrary to section 4 of the Stock Theft (Prevention) Act15.15Cap. 265
2.Any offence relating to brands contrary to section 7 of the Stock Theft (Prevention) Act.

Second Schedule (Section 4)

1.Being found near stock in suspicious circumstances contrary to section 5 of the Stock Theft (Prevention) Act16.16Cap. 205
2.Passing through, over or under, tampering with, fences around a stock enclosure or cattle boma contrary to section 6 of the Stock Theft (Prevention) Act17.17Cap. 265

Third Schedule

Being in possession of stock suspected of having been stolen contrary to section 3 of the Stock Theft (Prevention) Act18.18Cap. 265
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History of this document

31 July 2002 this version
Consolidation
01 March 1972
Commenced

Cited documents 6

Legislation 6
1. Interpretation of Laws Act 418 citations
2. Criminal Procedure Act 50 citations
3. Civil Procedure Code 43 citations
4. Prevention of Corruption Act 17 citations
5. Air Tanzania Corporation (Re-Organisation and Vesting of Assets and Liabilities) Act 1 citation
6. Stock Theft (Prevention) Act 1 citation

Documents citing this one 105

Judgment 103
1. Abdi Masoud @ Iboma & Others vs Republic (Criminal Appeal No. 116 of 2015) [2015] TZCA 426 (1 June 2015) 53 citations
2. Jumapili Msyete vs Republic (Criminal Appeal 110 of 2014) [2015] TZCA 234 (12 August 2015) 33 citations
3. Stanley Murithi Mwaura vs Republic (Criminal Appeal No. 144 of 2019) [2021] TZCA 688 (22 November 2021) 19 citations
4. Kassim Salum vs Republic (Criminal Appeal No. 186 of 2018) [2020] TZCA 1839 (20 October 2020) 14 citations
5. Aloisi Hamsini Mchuwau & Another vs Ahamadi Hassani Liyamata (Criminal Appeal No. 583 of 2019) [2020] TZCA 1855 (19 November 2020) 12 citations
6. Ramadhani Hamis @ Joti vs Republic (Criminal Appeal No. 513 of 2016) [2019] TZCA 486 (10 December 2019) 10 citations
7. Salum Said Matangwa @ Pangadufu vs Republic (Criminal Appeal No. 292 of 2018) [2020] TZCA 1814 (9 October 2020) 8 citations
8. Sano Sadiki & Another vs Republic (Criminal Appeal No.623 of 2021) [2023] TZCA 17476 (9 August 2023) 8 citations
9. Punda vs Republic (Criminal Appeal 153 of 2005) [2009] TZCA 14 (27 November 2009) 6 citations
10. Abdi Masoud @ Iboma & Others vs Republic (Criminal Appeal No. 116 of 2015) [2015] TZCA 7 (27 May 2015) 5 citations
11. Shabani Ally Athuman vs The Republic (Criminal Appeal No. 151 of 2021) [2024] TZCA 192 (19 March 2024) 4 citations
12. Geofrey Kenedy @george vs Republic (Criminal Appeal 115 of 2020) [2021] TZHC 5653 (23 July 2021) 3 citations
13. Jumapili Msyete vs Republic (Criminal Appeal 110 of 2014) [2015] TZCA 515 (14 August 2015) 3 citations
14. Nyamhanga s/o Magesa vs Republic (Criminal Appeal No. 470 of 2015) [2017] TZCA 232 (12 December 2017) 3 citations
15. Vumilia Daud Temi vs Republic (Criminal Appeal 246 of 2010) [2013] TZCA 443 (10 June 2013) 3 citations
16. Abdullatifu Leonard vs R (Criminal Appeal 73 of 2021) [2022] TZHC 10924 (8 July 2022) 2 citations
17. Dauson Athanaz vs Republic (Criminal Appeal No. 285 of 2015) [2016] TZCA 560 (19 February 2016) 2 citations
18. Lengume Lenemas Lesei vs Republic (Criminal Appeal No.420 of 2020) [2023] TZCA 17565 (30 August 2023) 2 citations
19. Sabas Bazil Marandu vs @myahudi and Another vs Republic (Criminal Appeal No. 299 of 2013) [2014] TZCA 275 (3 July 2014) 2 citations
20. Director of Public Prosecutions vs Gibore Mwita (Criminal Appeal 162 of 2020) [2021] TZHC 3615 (14 June 2021) 1 citation
21. Hashimu Mohamed Kinanda versus The Republic (Criminal Appeal No. 132 of 2023) [2023] TZHC 23479 (25 October 2023) 1 citation
22. Joshua Mlindwa vs Republic (Criminal Appeal No. 478 of 2015) [2016] TZCA 664 (24 February 2016) 1 citation
23. Mmn (a Child) vs Republic (Criminal Appeal 173 of 2019) [2020] TZHC 97 (25 February 2020) 1 citation
24. Mwalimu Bakari @ Jembe vs Republic (Criminal Appeal 86 of 2017) [2019] TZCA 321 (24 September 2019) 1 citation
25. Mwita S.O Sibora vs Republic (Criminal Appeal 49 of 1996) [2000] TZCA 20 (1 December 2000) 1 citation
26. Seni Masele vs Republic (Criminal Appeal 56 of 2020) [2021] TZHC 2314 (26 February 2021) 1 citation
27. William Sondas Sikazwe vs Republic (DC Criminal Appeal 57 of 2020) [2022] TZHC 3152 (11 May 2022) 1 citation
28. Zengo Benjamin vs Republic (Criminal Appeal 562 of 2019) [2022] TZCA 660 (31 October 2022) 1 citation
29. Abdi Masoud @ Iboma & Others vs Republic (Criminal Appeal No. 116 of 2015) [2015] TZCA 151 (27 May 2015)
30. Adam Salum vs. Blasius Daudi (Criminal Revision No. 11 0f 2023) [2023] TZHC 18235 (16 June 2023)
31. Adolfu Angelo & Another vs Republic (Criminal Appeal No. 8 of 2007) [2007] TZHC 346 (19 November 2007)
32. Ally vs Republic (Criminal Appeal 121 of 2002) [2004] TZCA 7 (27 October 2004)
33. Amiri Mohamed @ Mulemule vs Republic (Criminal Appeal 30 of 2009) [2010] TZCA 25 (11 March 2010)
34. Andrew Ambrose vs Republic (Criminal Application 6 of 2009) [2015] TZCA 337 (16 July 2015)
35. Andrew Ambrose vs Republic (Criminal Application No. 6 of 2009) [2015] TZCA 60 (16 June 2015)
36. Baraka Alfredy vs Tryphone Tralias (PC Criminal Appeal No. 21 of 2022) [2023] TZHC 18637 (23 June 2023)
37. Bosco Albani vs. The Republic (Criminal Revision No. 7 0f 2023) [2023] TZHC 18240 (16 June 2023)
38. Brigeth Chrizant vs Godfrey George (Criminal Revision 1 of 2022) [2022] TZHC 9749 (23 March 2022)
39. DPP vs Juma Yusuph @ Jumaju (Criminal Appeal Case 66 of 2020) [2021] TZHC 9141 (15 December 2021)
40. Damiano Qwade vs Republic (Criminal Appeal No 317 of 2016) [2019] TZCA 581 (12 April 2019)
41. Daud Kuhema vs Repeblic (Criminal Appeal 102 of 2021) [2021] TZHC 6341 (13 September 2021)
42. Dauson Athanaz vs Republic (Criminal Appeal 285 of 2015) [2016] TZCA 656 (19 February 2016)
43. Dickson s/o Raymond Makalius and Another vs Republic (Criminal Appeal 26 of 2021) [2022] TZHC 9977 (6 June 2022)
44. Director of Public Prosecution vs Pamela Fredinand (Criminal Appeal 151 of 2014) [2021] TZHC 2744 (9 April 2021)
45. Ephraim Raphael vs Republic (Criminal Appeal 5 of 2005) [2008] TZHC 176 (29 August 2008)
46. Erasto Melikio vs Frank Katila (PC Criminal Appeal No. 01 of 2023) [2023] TZHC 21904 (18 August 2023)
47. George Mbele vs Republic (DC Criminal Appeal No. 16 of 2013) [2013] TZHC 2168 (15 July 2013)
48. Gilbert Revelian @ Ombeni vs Republic (Criminal Appeal 547 of 2015) [2016] TZCA 658 (26 February 2016)
49. Godfrey Romani vs The Republic (Criminal Appeal No. 39 of 2023) [2023] TZHC 21473 (27 September 2023)
50. Godson Kiranga vs Republic (Criminal Appeal 72 of 2004) [2004] TZCA 61 (4 October 2004)
51. Happy Joseph @ Sengu vs R (Criminal Appeal 3 of 2022) [2022] TZHC 9740 (30 May 2022)
52. Ibrahim Hassan & Another vs Republic [1991] TZHC 15 (26 August 1991)
53. Isidori Mohamed @Joseph vs Republic (Criminal Appeal 77 of 2004) [2008] TZHC 204 (6 June 2008)
54. James Arthur Msechu vs Republic (DC Criminal Appeal No. 46 of 2022) [2023] TZHC 15915 (7 March 2023)
55. James Marwa Giriri and Two Others vs Republic (Criminal Revision 4 of 2021) [2021] TZHC 4091 (19 July 2021)
56. Jida Rashid vs Saidi Hassani (Criminal Revision 4 of 2022) [2022] TZHC 13989 (2 September 2022)
57. Jofa Bosco Haonga vs Republic (Crminal Appeal 52 of 2022) [2022] TZHC 10436 (30 June 2022)
58. Joseph Desu Parafesto vs Republic (Criminal Appeal 15 of 2021) [2021] TZHC 6464 (27 September 2021)
59. Joseph John vs Republic (Criminal Appeal 88 of 2022) [2022] TZHC 14642 (18 October 2022)
60. Joseph Mazengo & Others vs Republic (Criminal Appeal 28 of 2004) [2008] TZHC 203 (22 August 2008)
61. Joseph Mponzi vs Ndundi Jina (Criminal Appeal No. 15 of 2022) [2023] TZHC 22708 (13 November 2023)
62. Julius Mhere Mang'era @ Msimbiti vs Republic (Criminal Appeal 83 of 2021) [2022] TZHC 348 (28 February 2022)
63. Juma & Others vs R (Criminal Appeal 57 of 1998) [2004] TZCA 35 (1 January 2004)
64. Karee s/o Magesa @ Kururya & Another vs Republic (Criminal Appeal 90 of 2021) [2022] TZHC 14137 (12 October 2022)
65. Kelebi Kasonje vs Republic (Criminal Appeal 40 of 2012) [2014] TZHC 2088 (20 November 2014)
66. Kiswaga Mitwango vs Republic (Criminal Appeal No. 217 of 2014) [2015] TZCA 372 (11 December 2015)
67. Kiswaga Mitwango vs Republic (Criminal Appeal No. 217 of 2014) [2015] TZCA 99 (11 December 2015)
68. Kiswaga Mitwango vs Republic (Criminal Appeal 217 of 2014) [2015] TZCA 100 (9 December 2015)
69. Lack Pili vs Republic (Criminal Appeal 38 of 2013) [2013] TZHC 2090 (3 October 2013)
70. Lazaro andrea vs Revina andrea (Criminal Revision 2 of 2022) [2022] TZHC 9748 (22 March 2022)
71. Maimuna Mustapha vs Aisha Ally (PC Criminal Appeal 8 of 2022) [2023] TZHC 16832 (17 March 2023)
72. Matrida Mwanawima vs Sebastian Nguvumali (PC Criminal Appeal 2 of 2022) [2022] TZHC 13960 (20 October 2022)
73. Mdamba Mikidadi and Others vs Rasta Mukolo (DC Criminal Appeal 11 of 2022) [2022] TZHC 69 (5 October 2022)
74. Mhono s/o Nyanguge Versus Republic (Criminal Appeal 43 of 2021) [2021] TZHC 9027 (30 November 2021)
75. Miraji Mwishehe Mkanga vs Republic (Criminal Appeal 318 of 2018) [2020] TZHC 633 (12 March 2020)
76. Mohamed Hassani vs Republic (Criminal Appeal 92 of 1979) [1981] TZHC 1986 (15 April 1981)
77. Mohamed Hassani vs Republic (Criminal Appeal No. 92 of 1979) [1981] TZHC 1988 (15 April 1981)
78. Mohamed Rashid @ Mnihapuka Vs. Republic (Criminal Appeal No. 63 of 2022) [2023] TZHC 20197 (4 August 2023)
79. Mustapha Hassani Nkusa (Criminal Appeal 247 of 2017) [2018] TZHC 2435 (24 April 2018)
80. Mustapha Hassani Nkussa Versus Republic (Criminal Appeal 247 of 2017) [2018] TZHC 92 (24 April 2018)
81. Mustapha Hassani Nkussa vs Republic (Criminal Appeal 247 of 2017) [2018] TZHC 2418 (24 April 2018)
82. Mwiteka Godfrey Mwandemele vs Republic (Criminal Application No. 65/01 of 2022) [2024] TZCA 499 (28 June 2024)
83. Omary Waziri @ Mohamed vs Republic (Misc. Criminal Application 22 of 2020) [2021] TZHC 3443 (21 May 2021)
84. Osia John Tala vs Republic (Criminal Appeal 85 of 2021) [2022] TZHC 10440 (27 June 2022)
85. Patrick Madeje vs Christopher Malamala (PC Criminal Appeal 10 of 2021) [2022] TZHC 15202 (20 July 2022)
86. Ramadhani Mdoe vs. Mawazo Ally (Criminal Revision No. 9 0f 2023) [2023] TZHC 18233 (16 June 2023)
87. Republic vs Deonatus & Mkungu S/O Bwire [1984] TZHC 18 (9 June 1984)
88. Republic vs Noel Sijila & Others (Criminal Confrimation No. 4 of 2017) [2017] TZHC 2228 (14 August 2017)
89. Republic vs Rajabu Adam (2 of 2021) [2022] TZHC 271 (28 February 2022)
90. Republic vs Ramadhan Muungano (1 of 2021) [2022] TZHC 270 (28 February 2022)
91. Republic vs Sebastian Chembe (Misc. Criminal Revision 13 of 2019) [2020] TZHC 189 (5 February 2020)
92. Rikanga vs the republic (Criminal Appeal 72 of 2004) [2004] TZCA 17 (4 October 2004)
93. Safari Bura vs Amina Mohamed & Others ((PC) Criminal Appeal No. 2421 of 2024) [2024] TZHC 1955 (10 May 2024)
94. Salehe Abdallah & Another vs Republic (Criminal Appeal 151 of 2017) [2018] TZHC 2763 (11 June 2018)
95. Salum Libongoto vs. Zuhura Abdul (Criminal Revision No. 10 0f 2023) [2023] TZHC 18237 (16 June 2023)
96. Shabani Ally vs Republic (Criminal Appeal 39 of 2004) [2005] TZHC 100 (30 May 2005)
97. Shabani Ally vs Republic (Criminal Appeal 39 of 2004) [2005] TZHC 112 (30 May 2005)
98. Simon Martin vs DPP. (Criminal Appeal 457 of 2017) [2020] TZCA 273 (3 April 2020)
99. Siyomwe Juma vs Republic (DC Criminal Appeal 56 of 2020) [2021] TZHC 2258 (8 March 2021)
100. Steven Patrick @ Gobili vs Republic (DC Criminal Appeal 77 of 2021) [2022] TZHC 852 (8 April 2022)
101. Yuli Wilbarb vs Republic (Criminal Appeal 84 of 2001) [2004] TZCA 37 (1 January 2004)
102. Zakayo Elias Ngimbuch vs Republic (Criminal Appeal 70 of 2020) [2021] TZHC 6474 (1 October 2021)
103. byakatonda Paschal and Another vs Republic (Criminal Appeal 22 of 2021) [2021] TZHC 5452 (26 July 2021)
JOT Documents and Guidelines 1
1. The Tanzania Sentencing Guidelines, 2023
Legislation 1
1. Penal Code 7914 citations