Ali s/o Omari v. R. Crim. App. 38-Dodoma-71; 2/10/71; Mnzavas J.

Ali s/o Omari v. R. Crim. App. 38-Dodoma-71; 2/10/71; Mnzavas J.

The appellant was convicted on his own plea of “guilty” of (1) practicing medicine without being a licensed medical practitioner and (2) Unlawful possession of Government stores c/s 36(1) (b) of Cap. 409 and section 312 (2) of the Penal Code, respectively. He was fined 400/= or 6 months imprisonment in default on the first count, and 600/= or 6 months imprisonment on the second count. He appealed against sentences.

Held: (1) “Once [the learned Magistrate] had made up his mind that sentences of fines were more appropriate than imprisonment in this case, then it was incumbent on his part to investigate the financial standing of the accused before imposing the fine.” (Moshua s/o Mduma v. R. 1968 H. C. D. 227 cited). (2) “In this case the record is silent as to what were the financial means of the appellant – but the very fact that he failed to raise the fines totaling 1,000/= indicates that the fines imposed were totally against his means to meet them.” (3) “The sentence of 400/= fine or 6 months imprisonment on count one offends against the provisions of section 29(IV) of the Penal Code, Cap. 16. Under that section a fine not exceeding 400/= is at the maximum, punishable with 4 months imprisonment only.” (4) The fines were reduced to 100/= or 1 month on the first count and 200/= or 2 months on the second count.