REPUBLIC v NJAMA ZUBERI 1985 TLR 241 (HC)

REPUBLIC v NJAMA ZUBERI 1985 TLR 241 (HC)

Court High Court of Tanzania - Tanga

Judge Sisya J

March 9, 1983

MISCELLANEOUS CRIMINAL CAUSE NO.1 OF 1982 G

Flynote

Criminal Practice and Procedure - Bail - Bail pending trial for murder where the

accused is a child of tender years - Powers of the court - Criminal Procedure Code,

s.123 (3). H

-Headnote

This was an application for bail pending trial for murder. The applicant/accused, a

child of tender years was held in custody at Handeni, where there were no facilities

for keeping juvenile offenders. The boy's parents were able and willing to look after

him and to produce him in court as and whenever directed and the charge was likely

to be I reduced to manslaughter.

1985 TLR p244

Held: (i) In the interests of the juvenile accused, it is necessary to remove him from

A custody where he is likely to associate with adult offenders and other undesirable

influence.

Case Information

Order accordingly B

No cases referred to.

Editorial Note: The Criminal Procedure Act, No. 1 of 1985 has no provision

equivalent to section 123(3) of the Criminal Procedure Code cited above. The

Criminal Procedure Act has completely removed the discretion of granting bail by the

High Court in murder C cases.

Judgment

Sisya, J. : This matter has arisen out of my safari to Handeni. The accused, Njama s/o

Zuberi a boy of tender years, aged about ten years, stands charged with the capital

offence of murder contrary to section 196 of the Penal Code. He is D being held in

custody since November, 1982, pending the holding of a preliminary inquiry and the

subsequent trial before this Court. It was impressed upon me by the learned District

Magistrate, Handeni, that there are no proper facilities for holding juvenile offenders

at Handeni Prison. The accused was, at the time of incident, living E with his

parents who are able, willing and prepared to look after the accused and produce him

before the Court as and whenever directed.

From the depositions so far already in the hands of the Police it sounds very likely

that the capital charge will be reduced to one of manslaughter, at the most: The

accused is F alleged to have struck the deceased, another infant, with a stone while

they were at play.

In all the circumstances of this case I am of the considered view that it is necessary, in

the interests of this accused, to remove him from custody where he is likely to

associate with adult offenders and/or any other undesirable person. In the final

result, in terms of G powers conferred upon me by section 123(3) of the Criminal

Procedure Code, I exercise my direction in favour of this accused and hereby direct

that from now onwards the accused be released on a recognizance being entered into

by his father with H two reliable sureties, each in the sum of Shs.10,000/= It is

ordered accordingly.

For the avoidance of any doubt it is hereby stated that this order shall remain in force

until such time when further, or any other, orders are made by a Court of competent

jurisdiction.

I Application for bail allowed.

A