Eliakimu s/o Kiwelu vs Republic (HC Criminal Appeal No. 403 of 1972) [1973] TZHC 139 (27 March 1973)

Al' L:i'ti Hl APPELLATE JURISDI,CTIOi HIGH COULtT C±INIIAL APPEAL hD. 403/72 0RIGIIATu CIdIMIPAL CASE O. 393/72 of the District Court of Pare District at Same. Befbre: C. H Msamati, Esq., District Magistrate,. ELIAKIMU s/o KIWELU • .. . .... ........ . . . .APPETIAPT (0riginal Accused) VEH Sti;S THE FtEPUBLIC ...... ... ESJOLDB1T ,~ - , i -flFro e CHARGE: 1. Driving without s. 'otor machine licence c/s 6 of the Traffic Ordinance. 2. Tiansporting goods without a licence c/s 9(1) hf the Traffic Licence 0rdinar:ce JUDGMEI' T Bramble, J . The appellant pleaded guilty to two charges of Driving without a motor machine licence c/s 6 of the Traffic Ordinance and Transporting goods without a licence c/s 9(1) of the Traffic Licence Ordinance, He was fi ~ ed shs 2001= or 2 months and bs Boo/= or 6 months icprisonent respectivel'. These are appeals a:;anst sentence a- The appellant did not give any mitigating facts in the lower court, nor hashe said anything to warrant reducing the fine on the first count, and I dismiss the appeal He has, however, produced with leave of the Court a transport licence for the vehicle in question wbich expired on the 2nd ctobex, 1972. He was charged on the 17th October, 1972. The vehicle was not nis and be has now stated that there was an application for a renewal pending on that date. VThile at law the offence was committed, it is usual to allow some period of grace for renewal of • licences. The maximum fine for transporting goods without a licence is sh 1000/= and in this settinc the fine of slis 800/= seems to he manifestly excessive. The trial maistrate was not seized of all the facts. Few litigants are able to put their cases properly and it would be advisable for a Court to draw out all the essential facts so as to enenre that justce is dpne..

• I allowed the appeal on the 3ecor:1d count, set aside the sentenc and substituted a sentence of a fine of 200/= in default .months imprisonment1 The appellant is to be refunded shs6001= if he has already paid the fine. Delivered in Court at Arusha the 27th day of March,1973. I • /,/ /cwm • . Z. (C..E. J3AAt'Ib'LE) JUDGE De Souza, State Attorney for the Republic Appellant,'present in person.