"!r
00021 6
on the offender...". The Applicant avers that the thirty (30) years prison sentence was
not applicable at the time the offence of which he is accused was committed; that at
the time, the maximum sentence applicable was fifteen (15) years.
97.The Respondent State refutes the Applicant's allegation, arguing that in Criminal
Case No. 12311997, the Applicant was accused of armed robbery, contrary to
Sections 285 and 286 of the Penal Code, that at the time of his conviction and
sentencing , the law known as the Minimum Senfence Act of 1972 had been
amended by Law No. 6/1994; that this new law of 1994 repealed the 15 years
sentence and introduced a mandatory minimum sentence of thirty (30) years in
cases
of armed robbery and robbery with
violence.
***
98.The Court notes that, in his Reply, the Applicant affirms having taken note of the
Respondent State's observations on this argument. Furthermore, the Court recalls
that it has already noted that in the United Republic of Tanzania, the minimum
sentence applicable for armed robbery
or
robbery with violence
is 30 years
imprisonment since the 1994 law.1a
99.The Court therefore holds, in conclusion, that the Respondent State did not violate
Article 7(2) of the Charter and that the Applicant's conviction and sentence to thirty
(30) years imprisonment was in accordance with the law.
VII!. REPARATION
100. As stated in paragraph 18 of this Judgment, the Applicant prays the Court to: (i)
grant him adequate reparation pursuant to Article 27 of the Protocol; (ii) order the
1a
Mohamed Abubakariv. Tanzania Judgment. op. cit. para.210; Christopher Jonas v. Tanzania Judgment.
op. cit. para. 85.
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