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Case Law[2019] TZCA 804Tanzania

Juma Iddi vs Salome Tluway ((PC) Criminal Revision No. 11 of 2017) [2019] TZCA 804 (20 September 2019)

Court of Appeal of Tanzania

Judgment

IN THE:HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA · ! I IN THE DISTRICT REGISTiRY OF ARUSHA · AT ARUSHA (PC) CRIMINAL REVISION NO. 11/2017 (Originating from PC Criminal Case No. 382/2017 in the Prim_ary court of Babati District at .Babati) JU MA IDDI .... ■ •••••••••••••••••••••••••••••••• ••••• i......... I I ■■ ••••••••••••• • APPLICANT VERSUS.I ' I SALOME TLUWAY ...............................•........................ RESPONDENT I I RULING: ! COURT: Upon visiting the Babati prison as part of supervision of lower I court on 19/09/2017, this court noticed f~om a complaint of one Juma Iddi . who was charged with two others of the offence of Theft c/s 205 of the Penal Code, Cap 16 R.E 2002. Upon qmviction they were sentenced to I serve an imprisonment term of 6 months. However, even from the first appearance, the second accused was a: child of below 17Yrs,. · When he I I was ·asked, he declared his age to be 16 yrs old and upon perusal of the I records, the 2 nd accused while testifying, in defence, he declared his age to I be 16 yrs old. Owing to that fact and having satisfied myself that the 2 nd accused in Babati Primary Court Criminal case No.; 382/2017 is a minor of 16 yrs of . age; it follows that the sentence passed against him is illegal. Section 116 · (1) of the Law of the Child Act, No. 21/2009 provides for sentence that may be passed on a child offender and no imprisonment sentence has I 1 l I . ·• ..

· · "'·' -·: ·: been·,:prestribed/ Ifis·on·those grounds that I·have directed myselftinthe ·, · _interest of.:jLJstice tha~ ~_call· the records of Babati P.r,imary._Court (;riminal Case No. 382/2017 and revise the sentence so passed on the 2 nd accused/ applicant herein. Consequently, the sentence so passed n the 2 nd accused Juma Iddi is hereby revised, quashed and set aside. He should be rleased from prison henceforth unless he is otherwise lawfully held. It is so ordered. SGD:S.M. MAGHIMBI JUDGE . ' . 20/09/2019 . I hereby certify this to be a true copy of the original DEPUTY REGISTRAR HIGH COURT - ARUSHA 2 I

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