Jumanne Ayubu v The Republic 1986 TLR 202 (HC)

JUMANNE AYUBU v THE REPUBLIC 1986 TLR 202 (HC)

Court High Court of Tanzania - Tabora

Judge Chipeta J

4th day of February, 1987.

MISCELLANEOUS CRIMINAL CAUSE 53 OF 1986

Flynote

Criminal Practice and Procedure - Bail - Threatening to kill another person - Whether a bailable offence - Section 148(5)(e) Criminal Procedure Act, 1985, interpreted.

-Headnote

The applicant was charged with, inter alia, threatening to kill another person. The Court before which he was charged refused to admit him to bail relying on the provisions of section 148(5)(e) of the Criminal Procedure Act, 1985. The H High Court considered whether or not threatening to kill another person is not a bailable offence. Held: A threat to kill another person is a serious threat of violence and was envisaged by section 148(5)(e) of the I Criminal Procedure Act, 1985.

Case Information

A Application dismissed.

No case referred to.

Nyabiri, for the Republic.

[zJDz]Judgment

Chipeta, J.: On 8th January, 1987, I dismissed the applicant's application for bail pending trial. I reserved my reasons for doing so, which I now give in this ruling. The applicant stands charged before Tabora District Court in two counts, namely, threatening to kill and contempt of court, c/ss 89 (2) (a) and 114 (1) (c) of the Penal Code, respectively. In refusing to admit him to bail, the learned magistrate took the view that bail in such cases was disallowed by the provisions of section 148(5)(e) of the Criminal Procedure Act, 1985. D During the hearing of this application, Mr. Mussa learned state attorney, objected to the application on the grounds that in his submission a threat to kill another person amounted to a serious threat of violence. With respect, I entirely agree with Mr. Mussa. As I have had occasion to point out in similar applications, I am of the view that "a serious threat of violence" should be construed to mean such threat of violence as would cause, in the mind E of any reasonable person, a sense of imminent danger to his person or that of another person.  

A threat to kill another is, in my view, a serious threat of violence. F The Act does not say in what manner the threat should be communicated or exhibited. As the words stand, I think that they must be taken to mean a serious threat made by words or exhibited by some physical act. In that sense, then, the words cast a very wide net, and I fear that they are likely to be abused by people with little conscience. Such charges G are very easily made, and not always easily proved. Be that as it may, the charge in court is of a nature that was envisaged by the tough section 48 (5) (e) of the Criminal Procedure Act, 1985. H It was for the foregoing reasons that I dismissed the application.

Application dismissed. I

1986 TLR p203

A