R. v. Joshwa s/o Motiya @ Motiya @ Mangiti s/o Motiya,
Resident Magistrate’s Court Crim. Case 878-Moshi-67, 8/6/68, Inspection Note by Platt J.
Accused was convicted of burglary and sentenced to 2.5 years imprisonment. The Resident Magistrate’s judgment noted that the sentence had to be confirmed.
The Court noted; “A subordinate court presided over by a Resident Magistrate need not seek confirmation of a sentence in the case of a scheduled offence unless the Minimum Sentence is exceeded by more than six months”. Since the sentence was exactly six months in excess of the minimum, no confirmation was required.
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