|
Citation
|
Judgment date
|
| October 2019 |
|
|
Conviction quashed where charge particulars were ambiguous and did not meet statutory requirements.
Criminal law — Charge particulars — Ambiguous/defective charge contrary to s.132 Criminal Procedure Act — Amendment that increases ambiguity does not cure defect — Conviction unsafe — Revisional powers (ss.372, 373(1)(a)) to quash conviction and set aside sentence.
|
29 October 2019 |
|
Court reduced sentences and ordered immediate release of refugee applicants, directing handover to refugee camp management.
* Criminal law – unlawful entry into a game reserve – sentencing review on compassionate and contextual grounds.
* Refugee status – vulnerability and dependency as factors in sentencing and release.
* Revision – interference with lower court sentence where circumstances justify reduction and immediate release.
|
23 October 2019 |
|
Court reduced a lawful fine-based sentence for unlawful presence due to inability to pay and ordered applicant’s release and deportation.
* Criminal law – Unlawful presence (Immigration Act s.45) – conviction on plea of guilty upheld; sentence within statutory range but reducible on revision for mitigation and inability to pay.
* Criminal procedure – Revision (s.372 CPA) – High Court may reduce lawful sentence having regard to mitigating circumstances and financial incapacity.
* Immigration – Deportation of foreign national ordered after custodial sentence reduced.
|
23 October 2019 |
|
Court reduced custodial sentence for unlawful presence, ordered release and deportation given guilty pleas and economic hardship.
* Immigration law – Unlawful presence – sentencing under section 45(1)(i) and (2) – statutory fine and custodial alternative. * Criminal procedure – review suo motu – section 372 power to call trial records and reassess sentence. * Sentencing principles – guilty plea, first-offender status and economic hardship as mitigating factors. * Remedy – reduction of custodial sentence and deportation.
|
23 October 2019 |
|
Court reduced sentence for unlawful presence due to inability to pay and mitigatory factors and ordered deportation.
Immigration law – unlawful presence (s.45 Immigration Act) – sentence of fine or default imprisonment – appellate revision under s.372 Criminal Procedure Act – mitigating factors and inability to pay – reduction of sentence and deportation of foreign national.
|
23 October 2019 |
|
Court reduced an undocumented maximum sentence for refugees who escaped camp, ordering immediate release and return to the camp.
Criminal revision (suo motu) – Sentencing – Maximum statutory sentence cannot be imposed without recording reasonable grounds – Mitigating factors (first offenders) justify reduction – Refugees escaping camp – Section 372 Criminal Procedure Act.
|
23 October 2019 |
|
Non‑compliance with procedural safeguards, defective charge and unlawful sentence led to quashing and release.
Criminal revision – conviction in absentia – non‑compliance with s.226(2) CPA; defective alternative charge (s.311 v s.312); inadmissible cautioned statement; unlawful excessive sentence – subordinate court jurisdiction (s.170(1)(a)); consideration of mob‑justice injuries in sentencing; improper procedure and excessive sentence as to surety (s.160).
|
22 October 2019 |
|
Court reduced custodial sentence for unlawfully present foreign nationals and ordered their release and deportation.
* Immigration law – Unlawful presence (s.45(1)(i) & (2)) – sentencing limits (minimum fine Tshs.500,000; custodial up to 3 years).
* Criminal procedure – Revision suo motu (s.372 CPA) – court’s power to review sentence.
* Sentencing – mitigation for guilty plea, first offenders, and indigence; reduction to immediate release.
* Post-conviction relief – deportation order upon release of foreign nationals.
|
21 October 2019 |
|
Court reduced sentence for unlawful presence and ordered immediate release and deportation due to mitigation and inability to pay fine.
* Criminal revision (s.372 CPA) – suo motu power to call records and revise subordinate court sentences; * Immigration Act s.45(1)(i) & (2) – unlawful presence – prescribed fine and custodial limits; * Sentencing – mitigation, first offender status, economic hardship and disparity of sentences as grounds for reduction; * Deportation of foreign national upon release.
|
21 October 2019 |
|
Sentence for unlawful presence reduced for lack of stated reasons; applicant released and ordered deported.
Immigration law – Unlawful presence – sentencing; Sentencing principles – first offender, plea of guilty, need to state reasons when departing from leniency; Revisionary jurisdiction under s.372 Criminal Procedure Act; Deportation of foreign national.
|
21 October 2019 |
|
Court reduced custodial sentence for foreign national unable to pay fine and ordered immediate deportation.
* Immigration offence – unlawful presence (s.45(1)(i), (2) Immigration Act) – sentencing – fine or custodial alternative; mitigation where offender cannot pay. * Revisionary jurisdiction – court’s power to reduce lawful sentence in interest of justice. * Deportation – ordering removal of foreign national following conviction.
|
21 October 2019 |
|
Court reduced sentence for unlawful presence due to indigence and ordered deportation of the foreign national.
* Criminal procedure – suo motu revision under section 372 – review of sentence.
* Immigration law – unlawful presence – sentence of fine or default imprisonment; statutory minimum fine and maximum custodial term.
* Sentencing – mitigation for first offenders and indigence; reduction of custodial term where fine unpaid.
* Immigration enforcement – deportation of convicted foreign national after release.
|
21 October 2019 |
|
Court reduced an excessive sentence for unlawful presence, ordered applicant’s immediate release and deportation due to inadequate sentencing reasons.
* Criminal revision – suo motu review under section 372 Criminal Procedure Act – power to call trial records.
* Sentencing – requirement to give individualized reasons when imposing a sentence beyond the minimum; benefit of minimum sentence for first offenders.
* Immigration law – unlawful presence (s.45(1)(i) & (2) Immigration Act) – fine and default custodial term; deportation as administrative remedy for foreign national.
|
21 October 2019 |
|
Sentence exceeding statutory minimum must be justified; mere 'lesson' or deterrence is not sufficient.
Immigration law — unlawful presence; sentencing — requirement to state reasons when exceeding statutory minimum; deterrence not a sufficient ground for harsher sentence; release and deportation of foreign convicts.
|
21 October 2019 |
|
Conviction upheld but custodial sentence substituted by immediate repatriation to Nduta refugee camp.
Criminal law – sentence substitution on revision; refugees – leaving designated area without permit; appropriateness of imprisonment for refugees; public expense of incarcerating refugees.
|
18 October 2019 |
|
Conviction for unlawful presence upheld; jail alternative for unpaid fine substituted with immediate deportation of the applicants.
Immigration law – unlawful presence – sentencing – fine with custodial alternative – appropriateness of imprisonment for first offenders; revision – substitution of sentence with deportation; cost and proportionality considerations.
|
18 October 2019 |
|
Unlawful-presence conviction upheld; jail term replaced by immediate deportation as a cost‑effective alternative.
Immigration law – unlawful presence – sentencing alternatives – substitution of custodial sentence with deportation – revision jurisdiction – administrative and cost considerations.
|
18 October 2019 |
|
Absence of DPP certificate rendered subordinate court’s trial of an economic offence a nullity; conviction and sentence quashed.
* Criminal law – jurisdiction – economic offences – amendment to First Schedule of the Economic and Organized Crimes Control Act – requirement of DPP certificate under s.12(3) Cap.200 to confer subordinate court jurisdiction.
* Wildlife Conservation Act – unlawful possession of weapon in game reserve (s.103) classified as economic offence after amendment.
* Criminal procedure – nullity – absence of jurisdiction renders proceedings, conviction and sentence null and void.
|
18 October 2019 |
|
Default imprisonment for unlawful presence quashed and replaced with immediate deportation to avoid state burden.
* Immigration law – unlawful presence – fine with imprisonment in default – substitution by deportation.
* Revision jurisdiction – suo motu revision to correct sentence.
* Sentencing policy – avoiding unnecessary public burden by immediate deportation.
|
17 October 2019 |
|
The applicant was granted bail pending trial on stringent conditions while prosecution completes preparations.
* Criminal law – Bail pending trial – Granting bail where prosecution is preparing information for trial but applicants complain of prolonged detention – Conditions for bail including sureties, cash bond, surrender of travel documents and reporting requirements. * Procedural directions – remittal of file to trial court and delegation to Deputy Registrar/trial Magistrate to approve sureties. * Charges – offences under Wildlife Conservation Act and Economic and Organized Crimes Control Act.
|
17 October 2019 |
|
Omission of names in charge not fatal, but district court lacked jurisdiction over an economic offence; convictions quashed.
Criminal procedure – Particulars of offence – Naming accused in particulars (Second Schedule, CPA) – omission not fatal if no prejudice – Section 388 CPA; Jurisdiction – Economic offences (Cap. 200) – Section 103 Wildlife Conservation Act made economic offence by Act No.3/2016 – subordinate court lacked jurisdiction absent certificate under section 12(3); Trial nullity – conviction quashed, sentence set aside, retrial declined.
|
17 October 2019 |
|
A first‑time claim of minority on revision without evidence is an afterthought and will be dismissed.
* Criminal law – Revision – Allegation of minority raised for first time on revision – Afterthought; * Proof of age – necessity of material evidence (birth certificate or equivalent) to establish minority; * Criminal procedure – Revision not available where no material irregularity or evidence to justify interference with trial findings or sentence.
|
17 October 2019 |
|
Imprisonment in default of a fine for a non‑citizen was set aside and substituted with immediate deportation.
* Criminal law – Refugees Act s.20(1),(3) – entry into designated area without permit – sentence in default of fine.
* Criminal procedure – revision following prison inspection – assessment of correctness, legality and propriety of proceedings and sentence.
* Sentencing – substitution of imprisonment in default of fine with deportation for non‑citizens where imprisonment unduly burdens the State.
|
17 October 2019 |
|
Court substituted a five-year sentence with immediate release for a first offender who pleaded guilty and had served over a year.
Criminal law – Sentencing – First offenders – Plea of guilty as a mitigating factor – Courts should show leniency; Revision jurisdiction – Substitution of excessive sentence and order for release.
|
16 October 2019 |
|
Conviction for unlawful presence upheld but imprisonment in default of fine substituted with immediate deportation.
Immigration law – unlawful presence – sentencing – appropriateness of imprisonment in default of fine for foreign national; revisional power to substitute sentence; deportation as preferable alternative to incarceration for non-payment due to public interest and cost considerations.
|
16 October 2019 |
|
Convictions for unlawful presence upheld but imprisonment for fine-default substituted with immediate deportation to Burundi.
* Immigration law – unlawful presence – conviction under s.45(1)(i) & (2) Immigration Act; sentencing – fine or imprisonment for fine-default; substitution of custodial sentence with deportation on revision.
|
16 October 2019 |
|
An equivocal response such as 'it is true' does not constitute a valid plea of guilty and cannot sustain conviction.
* Criminal law – Plea of guilty – Equivocal or ambiguous pleas (e.g., 'it is true'/'it is correct') do not amount to a clear plea of guilty and cannot sustain a conviction entered on plea.
* Revision – Trial court acceptance of an equivocal plea is improper; conviction and sentence should be quashed and set aside.
|
16 October 2019 |
|
Court set aside imprisonment in default of fine and ordered immediate deportation for applicants convicted of unlawful presence.
* Immigration law – unlawful presence – s.45(1)(i) and (2) – sentencing of foreign first offenders;* Sentencing – custodial sentence in default of fine – appropriateness and proportionality;* Revisionary jurisdiction – substitution of imprisonment with deportation;* Prison policy – avoiding unnecessary incarceration and State expense.
|
16 October 2019 |
|
|
10 October 2019 |
|
A child’s unsworn testimony given without the statutory promise is of no evidential value and vitiates conviction.
* Evidence – section 127(2) Evidence Act – child of tender age must promise to tell the truth before giving unsworn evidence – failure renders testimony of no evidential value. * Criminal procedure – section 312(2) CPA – judgment must specify offence and statutory provision; omission is irregular but may be cured by section 388 if no failure of justice. * Documentary evidence – PF3 (medical report) – failure to read aloud not necessarily prejudicial if contents are otherwise before court.
|
10 October 2019 |