REPUBLIC v MABULA s/o MAGANA 1984 TLR 271 (HC)

REPUBLIC v MABULA s/o MAGANA 1984 TLR 271 (HC)

Court High Court of Tanzania - Mwanza

Judge Katiti J

June 9, 1984

F CRIMINAL REVISION 41 OF 1983

Flynote

G Minimum Sentences Act, 1972 - Compensation Order - Procedure of recovery of

compensation - S.7(1).

-Headnote

The accused was charged with and convicted of cattle theft. In addition to a sentence

of five years imprisonment he was ordered to pay shs. 2000/= compensation to the

complainant or distress in H default. On revision the high court considered the

propriety of the distress in default order.

Held: The recovery of compensation as ordered under section 7(1) of the Minimum

Sentences Act, 1972 is not by distress in default but by presenting or filing an

authenticated copy of the compensation order in the District Court having

jurisdiction over the area for its execution in the I same manner as if it were a decree

passed by such

1984 TLR p272

KATITI J

court under the provisions of the Civil Procedure Code, 1966. A

Case Information

Order accordingly.

No case referred to.

[zJDz]Judgment

Katiti, J.: Mabula s/o Magana was charged with Cattle Theft c/s 268 of the Penal Code

with two B others, and was finally found guilty and convicted as charged, and

sentenced to five years imprisonment under section 5(c) of the Minimum Sentences

Act 1972. The Second and Third accused persons were acquitted. Following on heels

was a compensation order that runs as C follows:-

Order:Accused should pay Shs.2,000/= compensation to the complainant

(P.W.1) or distress in default. D

What has attracted our attention is the recovery aspect of the compensation ordered,

as the sentence is according to law and a mandatory one. What is interesting is

compensation order that is to the effect that distress be levied in default of payment of

the said compensation. I have only to E recall that cattle theft is an offence

scheduled under the Minimum Sentences Act 1972. And where under the same

Minimum Sentences Act 1972 a trial court orders payment of compensation where

circumstances so dictate, it has so to do under the provisions of section 7(1) of the

Minimum Sentences Act 1972. The recovery of compensation as ordered under

Section 7(1) of the Minimum F Sentences Act 1972 is not by distress in default, but

by presenting, or filing an authenticated copy of the compensation order, in the

District Court, having jurisdiction over the area, for execution of the same in the same

or like manner as if it were a decree passed by such Court under the provisions G of

Civil Procedure Code 1966. It is therefore very clear that the compensation order

that distress be levied in default of payment was bad in law. Accordingly the default

distress aspect of the order is hereby set aside. H

Order accordingly.

1984 TLR p273

A