REPUBLIC v MOHAMED ANTONI 1987 TLR 33 (HC)

 

REPUBLIC v MOHAMED ANTONI 1987 TLR 33 (HC)

Court High Court of Tanzania - Mtwara

Judge Rubama J

27th June, 1986

Flynote

Criminal Practice and Procedure - Sentencing - Sentence breaches statutory provision - Effect.

-Headnote

The accused one, Mohamedi Antoni was convicted of two offences. He failed to display a Third Party Insurance Certificate and failed to produce a Registration Card of the motor vehicle he was driving as ordered by the Traffic Police.

Held: (i) The sentence imposed by the trial magistrate was illegal in that it was in breach of the provision of section 29 (iv) of the Penal Code which provides clearly that failure to pay Shs. 200/= fine renders the accused liable to serve two months imprisonment and not four months;

(ii) that prison terms in default of fines are not served concurrently but consecutively.

Case Information

Sentence set aside.

No cases referred to.

Judgment

Rubama, J: Mohamedi Antoni was convicted of two offences: first failing to display third party insurance certificate c/s 114(1) of the Road Traffic Act No. 30 of 1973 and secondly, failing to carry registration card in the motor vehicle c/s 13(1) and (2) of the Traffic Act, 1973.

The learned trial magistrate in sentencing the accused used the following words: 

Accused is condemned to a fine of shs. 200/= for each count or 4 months imprisonment in default. The imposed sentence is illegal - and on two grounds. Firstly it breaches s.29(iv) of the Penal Code. The prison sentence in default of payment of shs. 200/= fine should have been two months and not four months. Secondly, prison terms in default of fines are not served concurrently. They are served consecutively. The trial magistrate should thus have stated in passing sentence that the four months imprisonment in default of fine was in respect of fine imposed for each offence.

As the prison sentence imposed in default of payment of fines was illegal, it is hereby set aside. It is ordered that the sentence be amended to read: Accused is fined Shs 200/= fine in respect of each count or suffer two months imprisonment in H default in respect of each count.

The record is to be returned to District Court, Lindi for custody.

I Appeal allowed.

1987 TLR p35