Upendra Manibhai Patel v. R., Crim. App. 667-D-67, 27/9/67, Biron J.

Upendra Manibhai Patel v. R., Crim. App. 667-D-67, 27/9/67, Biron J.

Accused was convicted of being unlawful in Tanzania without a permit. [Immigration Act, s. 23(1) (i).] The record, although unclear, showed that the magistrate originally wrote out a sentence of a fine of Shs. 100/-or two months imprisonment in default. Thereafter, either during or shortly after the oral pronouncement of sentence, the magistrate was informed that a charge of stealing from a motor vehicle was pending against accused. Because of this information, the magistrate modified the sentence to one of imprisonment for three months.

            Held: A man is presumed innocent until proven guilty. Therefore, a pending charge may not be taken into consideration in imposing a sentence,

            The Court stated, obiter; Section 312 of the Criminal Procedure Code requires that a magistrate inform an accused of his right to appeal and the proceedings are not completed until this is done. Accused had not been so informed at the time the sentence was varied, and the magistrate retained the power to alter the sentence even if sentence had orally been pronounced.