Liti v. R. Crim. App. 121-D-71; 17/9/71; Onyuke J.

Liti v. R. Crim. App. 121-D-71; 17/9/71; Onyuke J.

The appellant and another were charged with practicing Dentistry without a licence c/s 36(1) (c) of the Medical Practitioners and Dentists Ordinance, Cap. 409. The facts of the case were, in 1970 and ’71 there were rumours in Singida about a disease called Lawalawa and that this epidemic will befall all the people who did not remove their teeth. The accuseds and many others who were not dentists involved themselves in removing teeth of young children the accuseds had removed the teeth of 19 children, 1 of whom died. The accuseds pleaded to the facts of the charge as follows: “All facts of he case are true”. The trial magistrate then made the following entry, “The trial magistrate then made the following entry, “The accused have pleaded guilty and are convicted on their own plea of guilty as charged.” They were convicted to terms of 3 years imprisonment subject to confirmation by the High Court. The appellant appealed against conviction and sentence.

Held:  (1) “The appellant’s plea was unequivocal and she admitted facts which amounted to guilt of the offence charged. Her appeal against conviction is therefore incompetent in view of s. 313(1) of the criminal Procedure Code.” (2) “The learned magistrate wrote at length on his reasons for imposing a stiff sentence on the appellant. His style and the tenor of his observations might have prompted the criticism by the appellant that he was talking politics. I think, however that he was entitled to take certain factors in to consideration in assessing sentence. What he was saying in effect was that this particular type of offence was prevalent in Singida Region and that the illegal practice had brought untold harm to the nation and was an unscrupulous exploitation of the superstitious belief of the people which should be discouraged. I would not say that these are matters extraneous to a proper assessment of sentence. I will uphold the sentence and confirm it. “(3) Appeal dismissed.