R. Nsee s/o Loti, District Court Crim. Case 1574-Moshi-66; 16/6/67; Inspection Note by Platt, J.
Accused pleaded guilty to three charges of violating sections 49(1) and 53 of the Fauna Conservation Ordinance, Chapter 302. He was sentenced to a fine of Shs. 50/- or two week’s imprisonment in default of each count, the sentences of imprisonment to run consecutively. However, the magistrate suspended both the fines and terms of imprisonment for one year provided the accused was of good behavior and did not commit a similar offence.
The Court noted: (1) The result of the order was that the accused received no punishment at all. Such an order does nothing to aid enforcement of the ordinance and it was not a responsible sentence to impose (2) Section 294 (A)(1) of the Criminal Procedure Code provides that “the court may pass a sentence of imprisonment but order the operation of the whole or any part of the sentence to be suspended ……”. The section does not apply to sentences by way of fine, and the order was therefore improper.
0 Comments
PLACE YOUR COMMENT HERE
WARNING: DO NOT USE ABUSIVE LANGUAGE BECAUSE IT IS AGAINST THE LAW.
THE COMMENTS OF OUR READERS IS NOT OUR RESPONSIBILITY.