Court name
High Court of Tanzania

XY (Minor) vs Republic () [1983] TZHC 41 (05 October 1983);

Law report citations
1983 TLR 101 (TZHC)
Media neutral citation
[1983] TZHC 41

Chipeta, J. The accused was sentenced to undergo eight strokes of the cane on conviction for the offence of defilement of a girl under the age of fourteen years c/s C 136(1) of the Penal Code. The learned trial magistrate also ordered the accused to pay shs. 2,000/= as compensation to the complainant.
As the learned magistrate appreciated, the accused was aged 15 years. He was, therefore, a young person within the meaning of that expression in the Children and Young Persons Ordinance. The provisions of that Ordinance, therefore, applied. D
Under section 21(1) of the Ordinance, a parent or guardian of a convicted child or young person may be ordered to pay fine, compensation or costs instead of such order being made as against the child or young person. E
In my view, it is advisable that such orders should be made against parents or guardians instead of against the accused. I say so because a child or young person invariably does not have the means to raise the money, and so orders made against children or young persons are usually rendered worthless. F
On those grounds, the order of the trial court for compensation is hereby varied so at to read that the compensation of shs. 2,000/= shall be paid by the parent or guardian of accused.
It is so ordered.
G Order accordingly.

A