Hamza s/n Abdallah vs Republic (Misc. Criminal Application No 9 of 2000) [2000] TZHC 592 (6 September 2000)

IN THE HIGH COURT OF TANZANIA AT MWANZA MISCEIJANIDUS CRIMINAL APPLICATION NO o 9 OF 2000 IN THE MA'ITER OF AN APPLICATION FOR BAIL PEND ING 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 •• 0. oo 0 0 APPLICAN.r Versus TI-ft~ REPUBLIC • o • 0 ... • • RESPONDENT RULING NCHALLA, .:r_. This is an application for bail pending appeal. The appli.- 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 ~id not wish to be present at the hearing of r ) his application. •. The applicant was charged with ani. :::,nvicted of six traffic offences one of which involves causing de:>.+h tn'."'n111:h d::i.flgerous driv:i...'"l.g 1 while the other five counts involved cau..i3ing bodily injury through dangeroue; driving, The applica..'1t 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 0 The sentences were ordered to run concurrently. The record shows that the Public Prosecutor had narrated the facts of the offences and the accused replied that those facts were f.- ~ true and correct For this reason Mr. Shio, learned Principal State • ',. Attorney, has opposed this application fer reason that applicant's • • 4 ./2.

2 plea waB unequivocal, Further, Mr, Shio has :submitted that in law tl\ere is no appeal against conviction where an accused pleads guilty, except for sentence when the srune is excessive. But in the :present caae• Mr. Shio argued, the sentences which were imposed on the applicant for the offences with which he was chf>..rged, are the minimum statutory sentences under the Road Traffic Act No.30/73. So, 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 chance of success, So, on that sc-0re this application has no basis in law, the ea.me be dismissed, I quite agree with Mr, Shio learned Principal State Attorney, that prima. facie, the applic-ant 1 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 law, ,AT MWANZA. 6/9/200p. I {\ .. ., ". ;• J,. ,[, r( . tt,,.wtj~Jl.L t:( M .D. N\rr-IALLA JUDGE