Xy (Minor) v Republic 1983 Tlr 101 (Hc)

XY (MINOR) v REPUBLIC 1983 TLR 101 (HC)

Court High Court of Tanzania - Tabora

Judge Chipeta J

October 5, 1983

CRIMINAL REVISION 13 OF 1983

Flynote

Criminal Law - Defilement of a girl under age of fourteen - Section 136 (1) of Penal Code - Defilement committed by a young person - The law applicable - Children and Young Persons Ordinance.

Criminal Practice and Procedure - Compensation - Order made against a young person - Whether parent or guardian liable to pay the compensation.

-Headnote

A young person was charged with and convicted of the offence of defilement of a girl under the age of fourteen years. He was sentenced to suffer eight strokes of the cane and ordered to pay Shs. 2000/= as compensation to the complainant. On appeal the propriety of the compensation order against the young person himself was considered.

Held: Where there is an order of compensation involving a young person, the order can be made against the parent or guardian of the young person.

Case Information

Order accordingly.

No case referred to.

[zJDz]Judgment

Chipeta, J. The accused was sentenced to undergo eight strokes of the cane on conviction for the offence of defilement of a girl under the age of fourteen years c/s 136(1) of the Penal Code. The learned trial magistrate also ordered the accused to pay shs. 2,000/= as compensation to the complainant.

As the learned magistrate appreciated, the accused was aged 15 years. He was, therefore, a young person within the meaning of that expression in the Children and Young Persons Ordinance. The provisions of that Ordinance, therefore, applied.

Under section 21(1) of the Ordinance, a parent or guardian of a convicted child or young person may be ordered to pay fine, compensation or costs instead of such order being made as against the child or young person.

In my view, it is advisable that such orders should be made against parents or guardians instead of against the accused. I say so because a child or young person invariably does not have the means to raise the money, and so orders made against children or young persons are usually rendered worthless.

On those grounds, the order of the trial court for compensation is hereby varied so at to read that the compensation of shs. 2,000/= shall be paid by the parent or guardian of accused.

It is so ordered.

Order accordingly.

1983 TLR p103

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