Hamza s/n Abdallah vs Republic (Misc. Criminal Application No. 9 of 2000) [2000] TZHC 536 (6 September 2000)

M( IN THE HIGH COURT OF TANZANIA AT MWANZA MLSCELIANIDUS CRIMINAL APPLICATION NO.9 OF 2000 IN THE MATr:ER OF AN APPLICATION FOR BAIL PENDING APPEAL AND IN THE MATI'ER OF CRIMINAL CASE NO. 35 OF 1999 IN THE DISTRICT COURT OF MUSOMA DISTRICT AT MUSOMA . HAMZA s/ n ABDALIAH o o 0. • 0 • • APPLICANr Versus THE REPUBLIC • o • 0 • 0 •• •• RESPONDENT RULING NCHALLA ,.1,.!_. Thia is an application for bail pending appeal. The awli- cation has been. filed under section 368(a)(i) CPA, 85. The applica- tion is supported by applicant's affidavit which has been adopted as the applicant did not wish to be present at the hearing of his application. The applicant was chP.J'ged with an:', c-::-nvicted of six traffic offences one of which involves causing der:i.t.h thr0u1:h a~.ngerous drivfag, while the other five counts involved causing bodily injury through dangerom:: driving. The applicax1t pleaded guilty to all the counts; he was then convicted on his own plea of guilty. He was . ·' .· then sentenced to three years imprisonment on the 1st count of causing death, and to one year imprisonment to each of the other five counts. The sentences were ordered to run concurrently. The record shows that the Public Prosecutor hnd narrated the facts of the offences and the accused replied.that those facts were ,,. true and correct~ For thi~ reason Mro Shio~ learned Principal State Attorne.y, has opposed this application fer reason that·~pplioant'a . , : ... · : r

/ 2 plea wa/3 unequivocal. Further, Mr. Shio has Bubmitted. that in law tre is rio appeal against conviction where an accused pleads guilty, except for sentence when the same is excessive\ But in the present case, Mr. Shio argued, the sentences which were imposed on the applicant for the offences with which he was charged, are the minimum statutory sentences under the Road Traffic Act Noo30/73, S<,, even on the aspect of sentence, there would be no appeal. All in all Mr. Shio concluded that the applicant's pending appeal has no oh.a.nee of sucoe-sa, So, on that score this application has no basis in law, the same be dismissed, I quite agree with Mr. Shio learned Principal State Attorney, that prima facie, the applicant's pending appeal has no chance of success, ·accordingly this application has no merit, the same is herey dismissed. Order accordingly, Right of appeal is according to lawo ,{\ .. ,,_ il1k¼ MoD• N~LLA JUDGE \ iT MWANZA . 6/9/2000 • l ...